DOCKET NO.: 199
DECIDED BY: Taft Court (1925-1930)
ARGUED: Jan 20, 1928
DECIDED: Feb 20, 1928
Facts of the case
Miller owned a large stand of ornamental red cedar trees on his property in Shenandoah County, Virginia. Schoene, the Virginia State Entomologist, ordered Miller to cut down his red cedar trees, under the Cedar Rust Act of Virginia. Miller’s property was near an apple orchard, and Virginia did not want the cedar rust plant disease to spread from Miller’s trees to the apple orchard. Miller challenged the statute in Shenandoah County Circuit Court, alleging that the statute violated the Due Process Clause of the Fourteenth Amendment. The Circuit Court upheld the tree removal order. The Supreme Court of Appeals of Virginia affirmed the decision.
Did Virginia’s Cedar Rust Act violate the Due Process Clause of the Fourteenth Amendment?