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: Agricultural LawNorth Dakota District Court Upholds North Dakota Statutes Restricting Entity Use in Production Ag
By Jim Chen at al.
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.
Full post as published by Agricultural Law on June 23, 2009 (boomark / email).
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