Miller v. Schoene

Virginia's Cedar Rust Act required owners to remove red cedar trees infected with cedar rust within two miles of an apple orchard, since the disease harmed apple trees (though not cedar trees themselves), and Miller (plaintiff) owned an infected cedar grove near an orchard. Schoene (defendant), the state entomologist, ordered Miller to cut down his trees, and Miller sued to enjoin the order as a violation of the Due Process Clause; both the Shenandoah County Circuit Court and the Virginia Supreme Court of Appeals upheld the removal order.