Hickerson v. State, No. 08-1033 (AET), 2009 U.S. Dist. LEXIS 95067 (D. N.J. Oct. 13, 2009)

(plaintiff operates commercial organic orchard on leased land adjacent to public land on which hunting occurs and claims that his farming activities have been harmed by lead shot from firearms discharged onto the farming property by making plaintiff unable to meet federal standards for organic production and allowable poisons in food; on various motions for summary judgment, plaintiff's substantive due process claim denied - plaintiff not alleging that defendant has banned plaintiff from being an organic farmer; plaintiff's procedural due process claim denied - plaintiff failed to show that defendant deprived plaintiff of protected property right; plaintiff's Fifth Amendment claim denied - claim not ripe).