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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 a writ of error.

Rule of Law


Holding and Reasoning (Stone, J.)

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