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ROSE v. ARKANSAS STATE PLANT BD.

No. 04-818.

213 S.W.3d 607 (2005)

John ROSE; Stephen Rose; Tom Burnham; Oliver Coppedge; John Starnes; John McCord; Glenda Lee Coppedge; Billy Crosskno; Chris Crosskno; Judy Crosskno; Roy A. Gaines; R.D. Jackson; Kenny Jackson; Charles Richard Haynes; W.T. Moody; Greg Alexander; George A. Hale III; Margery Hale; Bill Griggs; John R. Taylor; Kent Gipson; Shannon Sanders; Jerry Lyn Sanders; Jerry D. Qualls; Leon Brothers; Ronnie Burks; Jerry Nall; Bob Nall; Wesley Davis; Joe Davis; John Nelson; Billy Joe Nelson; John Ed Regenold; Edward Regenold; Dixie Regenold; Dale Regenold; Leigh Regenold Clower; Harvey Faulkner; Harvey E. Faulkner; Ray Dixon; Snowden Hawkins; Clark Long Sr.; Sarah Long; Clark Long Jr.; Rebecca Long; Nathan Long; Amy Long; The Rose Co.; Coppedge Farms, LLC; GLC Farms, LLC; CC & L Farms, LLC; Starnes Farm & Seed, Inc.; Haynes Farm Partnership; Billy Crosskno & Sons Farms; L. & A. Brothers Family Limited Partnership; E.M. Regenold Estate; Individually and as Representatives of All Landowners and Cotton Producers in Mississippi County and Eastern Craighead County, Arkansas, Appellants, v. ARKANSAS STATE PLANT BOARD, Appellee; Lee Wilson & Company; Lowrance Gin & Supply Company, Inc.; Rabbit Ridge Gin & Warehouse, LLC; Shawnee Village Gin, LLC; and E. Ritter & Company, Intervenors.

Supreme Court of Arkansas.

September 22, 2005.

Attorney(s) appearing for the Case

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C., by: Allan Gates and Marcella J. Taylor, Little Rock, for appellants.

Cross, Gunter, Witherspoon & Galchus, P.C., by: Allen Dobson and Brandon Lacy; and Mike Beebe, Att'y Gen., by: Arnold M. Jochums and Eric Walker, Ass't Att'ys Gen., Little Rock, for appellee.

Quattlebaum, Grooms, Tull & Burrow, PPLC, by: E.B. Chiles IV and Jennifer L. Wethington, Little Rock, for intervenors.

DONALD L. CORBIN, Justice.

This case involves a challenge to the authority of the Arkansas State Plant Board to issue regulations requiring commercial cotton growers in certain designated zones of this state to participate in a program to suppress and eradicate the boll weevil and to share the costs of such a program, without having first received approval by referendum. Appellants are commercial growers of cotton in the Northeast Delta Zone (NEDZ), which is situated...

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