Cross v. Balkcom

¶1dissenting. Regulations on farm commodities are changed from time to time. In this case the Lee County A. S. C. Committee used the directive of the Federal Government based on the act creating farm commodity allocations and applied such regulations to the commodity on the farm in question. The farm involved was sold February 11, 1958. On December 9, 1958, the Lee County A. S. C. Committee determined that the cropland method of division was applicable and made peanut allocations in accordance with this method. Since it is customary, and deemed essential for the purposes of the act, to change the regulations from time to time in regard to farm commodities, I cannot bring my mind to accept the position taken in the majority opinion that conforming to the regulations as they become effective constitutes a retroactive and illegal change. I see no reason why the com*85mittee should hang on to the 1957 regulations when the regulations had been changed in 1958. It is certainly my opinion that the act creating peanut allocations made the provision that the allotments could be changed from time to time, that the board was required to operate accordingly and change allocations in conformity with current administrative directives. The board’s action was approved by the review committee of the county, and the Superior Court of Lee County affirmed the determination. After studying the laws applicable to peanut allocations, I am thoroughly convinced that the ruling of the Lee County A. S. C. Committee was correct, that such ruling was not retroactive, that the committee’s ruling was correctly approved by the review committee, and that the Superior Court of Lee County did not err in affirming the findings of fact of the administrative tribunals.