Miller v. Schoene
United States Supreme Court
276 U.S. 272 (1928)
The State of Virginia passed the Cedar Rust Act which required property owners to remove red cedar trees infected by cedar rust on properties located within two miles of an apple orchard. The purpose of the Act was to prevent the spread of cedar rust to apple orchards, despite the fact that cedar rust has no effect on the health of cedar trees. Miller (plaintiff) owned a grove of cedar trees infected with cedar rust near an apple orchard. Schoene (defendant), the Virginia State Entomologist, ordered Miller to cut down his cedar trees. Miller filed suit to enjoin the order in Shenandoah County Circuit Court on the grounds that it 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, and the United States Supreme Court granted certiorari.
Rule of Law
Holding and Reasoning (Stone, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 174,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.