Clubb v. Dekeyzer

161 So. 2d 63, 245 La. 735, 1964 La. LEXIS 2953
CourtSupreme Court of Louisiana
DecidedFebruary 24, 1964
DocketNo. 46788
StatusPublished

This text of 161 So. 2d 63 (Clubb v. Dekeyzer) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clubb v. Dekeyzer, 161 So. 2d 63, 245 La. 735, 1964 La. LEXIS 2953 (La. 1964).

Opinion

SUMMERS, Justice.

This action arises under the provision of the Agriculture Adjustment Act of 1938, 7 U.S.C. § 1281 et seq. It was commenced by Herbert Clubb and Sons, a family partnership, pursuant to 7 U.S.C. § 1365, to review a decision of the Statutory Review Committee, confirming an administrative determination of the Avoyelles Parish, Louisiana, Agricultural Stabilization and Conservation (ASC) County Committee which effected a change in the rice acreage allotment alloca-ble to the “Clubb” farm. The trial court overturned the administrative decision and this action was affirmed in the Court of Appeal, Third Circuit. Writs were granted upon application of the Statutory Review Committee.

Under the pertinent act the Congress of the United States found that rice and its products move almost wholly in interstate and foreign commerce from the producer to the consumer, that the farmers producing rice are subject in their operations to “uncontrollable natural causes”, carry on their operations on “borrowed money or leased lands”, are unable to “organize effectively”; and for “these reasons, among others, the farmers are unable without Federal assistance to control effectively the orderly marketing of such commodity with the result that abnormally excessive supplies thereof are produced”. (7 U.S.C. §§ 1351(a)) Consequently, the “disorderly marketing” of such excessive supplies “burdens, and obstructs interstate and foreign commerce”. [64]*64(7 U.S.C. § 1351(b)) The act provides for the establishment of an annual “national acreage allotment of rice” (7 U.S.C. § 1352). Under the provisions of the act the yearly •national allotment, the purpose of which is do produce a “normal supply” of rice, shall he determined by the Secretary of Agriculture “on the basis of the national average yield of rice for the five calendar years immediately preceding” the year in question (7 U.S.C. § 1352). In conformity with this ■statutory mandate, the Secretary has annually determined, and provided by regulation, the annual national rice acreage allotment.

As a second step, the act provides for apportionment of the national allotment to appropriate states. Pursuant to 7 U.S.C. § 1353(a) this initial apportionment is to be made “among the several States in which rice is produced in proportion to the average number of acres of rice in each State” during the immediately preceding five-year period. In accordance with this requirement, the Secretary has, by regulation, apportioned the annual national allotment .among the several rice-producing states.

For the third and final step, the act provides for allocation of the state allotment to rice farms within each particular state. In some states the allocation is made directly “to farms”, while in others the allocation is made first to counties and then “to farms” (Louisiana being in the latter group) ,1 But, in any event, the allocation is ultimately “to farms” — rather than to the owners or operators thereof. This allocation to farms is governed by detailed regulations. See 7 C.F.R. Part 730.

Determinations relating to allocation of acreage allotments are initially made by the ASC County Committee, a body composed of local farmers. See 7 C.F.R., Part 718. The act provides for review by a local review committee also composed of local farmers (7 U.S.C. § 1363) and, in the event of further dissatisfaction, for the filing of a bill in equity or commencement of a review proceeding in the appropriate United States District Court, or in a state court of general jurisdiction (7 U.S.C. § 1365). The act narrowly defines the scope of review in such proceedings: 7 U.S.C. § 1366 provides that such review “shall be limited to questions of law, and the findings of fact by the review committee, if supported by evidence, shall be conclusive.”

The facts of this case are essentially undisputed and reveal that in 1960 Louis A. Fontenot, his son and son-in-law owned a 3706-acre rice farm.

Pursuant to the foregoing provisions of the act, the Fontenot farm was allocated an annual rice acreage allotment of 450 acres during the period in question. In March 1960 Fontenot entered into an agree[65]*65ment with the Clubbs to sell them the western 1645 acres of the farm with the understanding that Fontenot would do whatever was necessary to effectuate the transfer of the rice allotment to the Clubbs. Thereafter, in April 1960 Fontenot released his rice allotment to the county committee, it being his expressed intention to cease planting rice and to devote the remainder of his farm, the eastern portion, primarily to cattle grazing. Then on May 26th of «the same year, after receiving verbal assurances from the county committee that all of the allotment could be assigned to the Clubb farm, Fontenot sold the 1645 acres or western portion of the farm to the Clubbs for $189,000 and signed the necessary request for division of the farm and the allotment on a cropland basis.2 The county committee then reconstituted the farm, assigning the entire allotment of 443.9 acres to the Clubb farm under applicable regulations which provide:

“If the contribution rule is not applicable, the current year allotments and allotment crop history acreages determined for the parent farm, shall, except as otherwise provided under contribution and history methods, be apportioned among the tracts in the same proportion that the acreage of cropland (acreage of developed rice land for rice) in each such tract bears to the cropland (developed rice land for rice) for the parent farm: Provided, however, That upon request in writing by the owners and operators, the allotments and history acreages may be apportioned on the basis of the cropland normally considered as available for and adapted to the production of the allotment crops on each tract, as determined by the county committee.” 7 C.F.R. 719.8(a) (2).

The stated reason for the reconstitution was: “Part of this farm was sold. The portion sold was all adaptable rice land on the farm. The acreage sold is the rice acreage normally planted on this farm. Mr. Fontenot’s portion will be mostly pasture and has some land adaptable for cotton.” It was further concluded that the allotment was divided on the basis of “available and adaptable Cropland & Cropland.”

The Clubbs then took possession of the farm and produced a crop of rice on 429 acres of the allotment during 1961.

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65 S.E.2d 257 (Supreme Court of South Carolina, 1951)
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Bluebook (online)
161 So. 2d 63, 245 La. 735, 1964 La. LEXIS 2953, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clubb-v-dekeyzer-la-1964.