Articles Posted in Agriculture Law

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Following the insolvency of Pierce Elevator, Inc. (PEI), the Nebraska Public Service Commission (PSC) initiated proceedings to determine claims under the Grain Warehouse Act and the Grain Dealer Act. After PEI voluntarily surrendered its grain warehouse license to the PSC, the PSC took title to all PEI grain in storage in trust for distribution to all valid owners, depositors, or storers of grain pursuant to the Grain Warehouse Act. The PSC then determined valid claims under the Grain Warehouse Act and the Grain Dealer Act. The appellant and cross-appellants in this case were claimants who challenged the PSC’s classification of their claims. The Supreme Court affirmed in part and in part reversed and dismissed, holding (1) the PSC correctly determined that it did not have jurisdiction to determine the fraud claims of the appellant and some cross-appellants and that the appellant and other-cross appellants were not entitled to recovery under the Grain Warehouse Act; (2) the PSC erred in finding that some cross-appellants were not entitled to recovery under the Grain Warehouse Act; and (3) some cross-appellants did not have standing to challenge the classification of a certain transaction. View "In re Claims Against Pierce Elevator" on Justia Law

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Butler County Diary, LLC (BCD) requested a permit to install a liquid livestock manure pipeline under a public road. Read Township and Butler County cited two regulations it had adopted governing livestock confinement facilities in denying BCD's request. BCD challenged the regulations, alleging that the regulations were invalid and unenforceable. The district court ruled that the Township had the statutory authority to enact the regulations and that they were not preempted by the Livestock Waste Management Act or Nebraska's Department of Environmental Quality livestock waste control regulations. The Supreme Court affirmed, holding that the Township had the statutory authority to enact the pertinent regulations and the regulations were not preempted by state statute or regulation. View "Butler County Dairy, LLC v. Butler County" on Justia Law

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The Lesiaks were farmers who suffered a reduced corn yield, allegedly due to the overapplication of herbicide to their crops by Central Valley Ag Cooperative, Inc. (CVA). The Lesiaks filed this action against CVA, asserting multiple theories of recovery, including negligence, breach of implied warranty of merchantability, and breach of implied warranty of services. The district court granted summary judgment in favor of CVA on the implied warranty of services and negligence claims. Following the Lesiaks' presentation of their case, the district court granted CVA's motion for a directed verdict on the Lesiaks' remaining claim for breach of implied warranty of merchantability. The Supreme Court affirmed in part and reversed and remanded in part, holding (1) the district court erred in granting a directed verdict in favor of CVA as there was evidence in the record which would allow a jury to find the overapplication of the herbicide damaged the Lesiaks' fields and also to reasonably estimate the extent of the damage; and (2) the district court erred in granting summary judgment on the Lesiaks' negligence claim, as it was not barred by the economic loss doctrine. View "Lesiak v. Central Valley Ag Coop., Inc." on Justia Law