Delbert BlandJudge Stewart’s six-page ruling states that he did not have jurisdiction to hear the case, partly because the matter was already pending before the Georgia Court of Appeals. However, Judge Stewart’s ruling states twice that Judge Wright’s ruling included approval of an injunction barring the commissioner from enforcing his new rule.
“The plaintiff sought, and obtained, an order in (Judge Wright’s court) declaring that the new packing rule is ‘void and unenforceable’ as well as an injunction barring (Commissioner Black) from taking any enforcement action against (Bland) for violations of this packing rule,” Judge Stewart wrote in his ruling.
Bland said he will not ship vidalia onions before they are mature, but that he plants earlier than many growers and his onions are therefore mature earlier. He has said that Mother Nature dictates when to harvest and ship, not a state official.