Baker's Supermarkets, Inc. v. State

Baker’s Supermarkets, Inc. (Baker’s), ■ filed a petition for declaratory and injunctive relief regarding the interpretation by the Nebraska Department of Agriculture (Department) of § 1.1.2 of the Uniform Regulation for the Method of Sale of Commodities, which was adopted in Nebraska pursuant to Neb. Rev. Stat. § 89-186(l)(b) (Cum. Supp. 1992). The Department’s interpretation of § 1.1.2, which provides in part that strawberries “shall be . . . sold by weight, or by volume” is that Baker’s cannot sell strawberries by weight and by volume in the same store at the same time. The Lancaster County…