Tuesday, June 23, 2009

North Dakota District Court Upholds North Dakota Statutes Restricting Entity Use in Production Ag

The opinion can be accessed here.

I've not yet had the chance to parse the reasoning, but I'll try to in due course. My initial thought is that the trial court does not distinguish the Jones case's "facial discrimination" reasoning. North Dakota's language is different, but I don't think those differences would be relevant to the 8th Circuit, unless North Dakota can make some further arguments about the geographical implications of complying with its law. I explain this in an article that is forthcoming in the Drake Journal of Agricultural Law: Corporate Farming Restrictions in a Post-Jones World.


Post a Comment

<< Home