Buena Dairy Associates v. State Department of Agriculture

This is an appeal from an order sustaining a demurrer to plaintiffs’ amended complaint.1 Plaintiffs Buena Dairy Associates and Carlisle Dairy Associates (hereinafter Associates) are dairy producers and holders of marketing rights or quota pursuant to the Milk Audit and Stabilization Act, ORS ch 583. Plaintiff Wages is a proposed transferee of Associates’ quota. Defendant is responsible for enforcing and carrying out the provisions of the Act. ORS 583.001. This duty includes providing by order for the transfer of quota among milk producers. ORS 583.515.

The complaint to which defendant demurred…