Case Law Index Corporate Farming Laws

January 1915 – August 23, 2020

 

This index provides a comprehensive though not necessarily exhaustive compilation of reported and unreported federal and state court decisions involving the Corporate Farming Laws that were decided between the dates listed above. The cases are listed in reverse chronological order. The “Text” link goes to the freely available Google Scholar text of the opinion.  These listings are for educational purposes only, and are not a substitute for legal counsel.


SUPREME COURT

Asbury Hosp. v. Cass County, 326 U.S. 207 (U.S. 1945) (constitutionality)  Text


FOURTH CIRCUIT

Griffin v. Smithfield Foods, Inc., 183 F.Supp. 2d 824 (E.D. Va. 2002)  Text


EIGHTH CIRCUIT

N.D. Farm Bureau, Inc. v. Stenehjem, 333 F. Supp. 3d 900 (D.N.D. 2018) (North Dakota corporate farming statute violates dormant Commerce Clause) Text

Jones v. Gale, 470 F.3d 1261 (8th Cir. 2006)  Text

Jones v. Gale, 405 F.Supp. 2d 1066 (D.Neb. 2005) (constitutionality)  Text

Smithfield Foods, Inc. v. Miller, 241 F. Supp. 2d 978 (S.D. Iowa 2003), vacated by Smithfield Foods, Inc. v. Miller, 367 F.3d 1061 (8th Cir. 2004) (finding that Iowa’s corporate pork processing law was unconstitutional)

South Dakota Farm Bureau, Inc. v. Hazeltine, 340 F.3d 583 (8th Cir. 2003) (constitutionality)  Text

South Dakota Farm Bureau, Inc. v. Hazeltine, 202 F.Supp. 2d 1020 (D.S.D. 2002)  Text

MSM Farms, Inc. v. Spire, 927 F.2d 330 (8th Cir. 1991) (constitutionality)  Text


TENTH CIRCUIT

Simler v. Wilson, 210 F.2d 99 (10th Cir. 1953) (prohibition against accepting, receiving and owning realty by religious corporation)   Text

Bailey v. Banister, 200 F.2d 683 (10th Cir. 1952) (action against railway company for bidding for Indian’s land)   Text

State of Okl. ex rel. McVey v. Magnolia Petroleum Co., 114 F.2d 111 (10th Cir. 1940) (State’s action to escheat lands)   Text

Knoell v. Frisco Lease, 78 F.2d 286 (10th Cir. 1935) (limitations on the quantity of land which a railroad corporation may own)  Text


MINNESOTA

Rabbe v. Farmers State Bank of Trimont, A-18-1845, 2019 Minn. App. Unpub. LEXIS 543 (Minn. Ct. App. June 10 2019) (finding that grain storage is not part of production under Minn. corporate farming law) Text

Minnwest Bank, M.V. v. Molenaar, No. A05-1161, 2006 WL 1390323 (Minn. App. May 23, 2006)  Text

R.L. Hexum & Associates, Inc. v. Rochester Twp., Bd. of Sup’rs, 609 N.W.2d 271 (Minn. Ct. App. 2000) (applicability of corporate and partnership farming law)   Text

Wacek v. Vavricka, C8-95-459, 1995 WL 538664 (Minn. Ct. App. Sept. 12, 1995) (failure to extend the right of first refusal prior to the sale)

Seehusen v. First Am. Bank & Trust of Willmar, C3-94-2609, 1995 WL 365360 (Minn. Ct. App. June 20, 1995) (failure to extend the right of first refusal after foreclosure)

Peterson v. Island, C4-94-2425, 1995 WL 118895 (Minn. Ct. App. Mar. 21, 1995) (interference with a land purchase, the right of first refusal)

Hommerding v. Travelers Ins. Co., C6-94-1843, 1995 WL 6438 (Minn. Ct. App. Jan. 10, 1995) (claim of statutory violations, fraud and negligence)

Kjesbo v. Ricks, 517 N.W.2d 585 (Minn. 1994) (foreclosure, statutory first right of refusal)   Text

Farm Credit Bank of St. Paul v. Michels, 513 N.W.2d 7 (Minn. Ct. App. 1994) (right of first refusal, “immediately preceding former owners”)  Text

Resolution Trust Corp. v. Lipton, 983 F.2d 901 (8th Cir. 1993) (partnership was not “family farm,” and thus was not qualified debtor)


MISSOURI

State ex rel. Nixon v. Premium Std. Farms, 100 S.W.3d 157 (Mo. Ct. App. 2003) (holding that cattle grazing is included in the Missouri corporate farming statutes) Text

Neighbors Against Large Swine Operations v. Continental Grain Co., 901 S.W.2d 127 (Mo. Ct. App. 1995) (holding that Missouri corporate farming act provides a private right of action in limited circumstances only) Text

State ex rel. Webster v. Lehndorff Geneva, Inc., 744 S.W.2d 801 (Mo. 1988) (divestiture of land under Missouri corporate farming statute) Text


NEBRASKA

Hall v. Progress Pig, Inc., 610 N.W.2d 420 (Neb. 2000) (holding that the Nebraska constitutional amendment on corporate farming does not violate the US Constitution) Text


NORTH DAKOTA

Bank of Steele v. Lang, 399 N.W.2d 293 (N.D. 1987) (application of state corporate farming law to banks in foreclosure proceedings) Text

Coal Harbor Stock Farm v. Meier, 191 N.W.2d 583 (N.D. 1971) (holding state corporate farming law to provide equal protection) Text

Asbury Hosp. v. Cass Cty., 16 N.W.2d 523 (N.D. 1944) (holding that state corporate farming laws did not violate state or federal constitutions)