Cedar Point Nursery v. Shiroma

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The Ninth Circuit affirmed the district court's dismissal of an appeal by Growers against members of the California Agricultural Labor Relations Board who promulgated a regulation allowing union organizers access to agricultural employees at employer worksites under specific circumstances. Growers sought declaratory and injunctive relief, alleging that the access regulation, as applied to them, was unconstitutional. The panel held that the access regulation as applied to the Growers did not amount to a per se physical taking of their property in violation of the Fifth Amendment. In this case, the Growers did not suffer a permanent physical invasion that would constitute a per se taking. The panel also held that the Growers have not plausibly alleged that the access regulation effects a seizure within the meaning of the Fourth Amendment. View "Cedar Point Nursery v. Shiroma" on Justia Law