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STATE DOA v. APPROXIMATELY 7 ACRES

No. 24411-3-III.

150 P.3d 1172 (2007)

STATE of Washington, DEPARTMENT OF AGRICULTURE, through ITS DIRECTOR, Respondent and Cross-Appellant, v. APPROXIMATELY 7 ACRES OF BING AND LAPON CHERRIES, and John Riedel, Owner, and John Taylor, Appellants.

Court of Appeals of Washington, Division 3.

January 25, 2007.

Attorney(s) appearing for the Case

Scott Michael Kane, East Wenatchee, WA, Thomas Francis O'Connell, Wenatchee, WA, for Appellant/Cross-Respondent.

Alice Marie Blado, Attorney General's Office, Olympia, WA, for Respondent/Cross-Appellant.

SWEENEY, C.J.

¶ 1 This appeal follows the confirmation by a superior court of the Washington State Department of Agriculture's (State) embargo of a cherry crop. The appellants argue that the State did not have probable cause to believe the crop was tainted with a prohibited pesticide because the procedures the State used to sample the crop were flawed. We agree with the trial judge that the State made an adequate showing of probable cause that the crop was tainted...

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