205.202(b), unambiguously means that the organic farmer intentionally applied the prohibited substance to the field. See 7 C.F.R. In Highview North Apartments v. County of Ramsey, we held that disruption and inconvenience caused by a nuisance are actionable damages. Retired judge of the Minnesota Court of Appeals, serving by appointment pursuant to Minn. Const. As to the trespass claim, the court of appeals concluded that the district court read too much into Wendinger. 205.202(b), and therefore that OCIA had discretion to decertify the Johnsons' fields. The district court granted, in part, the Johnsons' motion for a temporary injunction on June 26, 2009, requiring the Cooperative to give the Johnsons notice before it sprayed pesticides on land adjoining the Johnsons' organic farm. See 7 C.F.R. Cambern v. Hubbling, 307 Minn. 168, 171, 238 N.W.2d 622, 624 (1976) (If the trial court's rule is correct, it is not to be reversed solely because its stated reason was not correct.). We normally presume that, where words differ as they differ here, Congress acts intentionally and purposely in the disparate inclusion or exclusion. (citation omitted) (internal quotation marks omitted)). See id. Oluf JOHNSON, et al., Respondents, v. PAYNESVILLE FARMERS UNION COOPERATIVE OIL COMPANY, Appellant. We agree with the district court that section 205.202(b) does not regulate the Cooperative's pesticide drift. 18B.07 (2010) by direct[ing] pesticide[s] onto property beyond the boundaries of the target site, using the pesticides in a manner inconsistent with their labels, and endangering the Johnsons' agricultural products. The MDA concluded that drift from the Cooperative's spraying caused both of the positive test results. 817 N.W.2d 693, 712 (Minn. 2012). ] The court concludes that this regulation does not apply to the alleged conduct here because a pesticide is not applied to a farm if its presence is caused by drift, as opposed to being directly applied by the organic farmer. W. Page Keeton et al., Prosser & Keeton on the Law of Torts, 13, at 70 (5th ed.1984). After receiving the results of the chemical testing, the MDA informed the parties that test results revealed that the chemical dicamba was present, but below detection levels. The court of appeals reversed and remanded. See 7 U.S.C. 205.201(a) (2012) (The producer or handler must develop an organic production or handling system plan); 7 C.F.R. 12-678 Oluf Johnson and Debra Johnson, Petitioners v. Paynesville Farmers Union Cooperative Oil Company Administrative Proceeding Supreme Court of the United States , Case No. Our case law is consistent with this traditional formulation of trespass because we have recognized that a trespass can occur when a person or tangible object enters the plaintiff's land.6 See Victor v. Sell, 301 Minn. 309, 31314 n. 1, 222 N.W.2d 337, 340 n. 1 (1974) ( One is subject to liability to another for trespass, irrespective of whether he thereby causes harm to any legally protected interest of the other, if he intentionally enters land in the possession of the other, or causes a thing or a third person to do so (quoting with approval the Restatement (Second) of Torts 158 (1965))); Greenwood, 220 Minn. at 31112, 19 N.W.2d at 73435 (recognizing that trespass can occur when water floods onto the plaintiff's land); Whittaker, 100 Minn. at 391, 111 N.W. Because the district court erroneously concluded that the John-sons' 2007 claims cannot withstand summary judgment, the district court erred by refusing to allow the Johnsons to amend their complaint to add the claims related to the 2008 overspray. denied (Minn. Aug. 5, 2003); Fagerlie v. City of Willmar, 435 N.W.2d 641, 643, 644 n. 2 (Minn.App.1989) (concluding that claims based upon the emission of offensive odors are nuisance claims, not trespass claims, because the claims alleged interference with [plaintiffs'] use and enjoyment of their land, not invasion of their exclusive possession). of Comm'rs, 713 N.W.2d 817, 828 n. 9 (Minn.2006) (noting that administrative regulations are governed by the same rules of construction that apply to statutes); cf. We begin with a discussion of the tort of trespass. 6511(c)(1). Because the Cooperative was not, and could not be, the proximate cause of the Johnsons' damage, we hold that the district court properly granted summary judgment to the Cooperative on the Johnsons' nuisance and negligence per se claims based on section 205 .202(b). We last address the district court's denial of the Johnsons' permanent injunction request. Johnson v. Paynesville Farmers Union Cooperative Oil Co., 817 N.W.2d 693 (Minn. 2012). Under Minnesota trespass law, entry upon the land that interferes with the landowner's right to exclusive possession results in trespass whether that interference was reasonably foreseeable or whether it caused damages. The district court dismissed the Johnsons' nuisance and negligence per se claims because the court concluded that the Johnsons had not proven damages. 6503(a) (directing the Secretary of Agriculture to establish an organic certification program for producers and handlers of agricultural products). The court of appeals reversed. It is a small extension, if any, of those holdings to conclude that invasion by pesticide can constitute a trespass, especially because pesticides are designed to affect the land, unlike an invasion by a bullet, which creates no such risk. 2001). The Johnsons' remedy for the certifying agent's error was an appeal of that determination because it was inconsistent with the OFPA. 6504, 6513. In other words, in order for products to be sold as organic, the organic farmer must not have applied prohibited substances to the field from which the product was harvested for a period of three years preceding the harvest. Wendinger v. Forst Farms, Inc., 662 N.W.2d 546 (Minn.App. Respondents Oluf and Debra Johnson (Johnsons) are organic farmers. Defendants pesticide drifted and contaminated plaintiffs organic fields. Thus, while the court concludes that invasion by an intangible object never interferes with a property owner's possessory rights, I conclude that in some circumstances it may, particularly when that intangible object is actually a substance that settles on the land and damages it. 2003), review denied (Minn. Aug. 5, 2003). See H. Christiansen & Sons, Inc. v. City of Duluth, 225 Minn. 475, 480, 31 N.W.2d 270, 27374 (1948). Although neither Wendinger nor other Minnesota cases have directly addressed the issue, the reasoning underlying decisions in similar neighbor-liability cases leads us to conclude that chemical pesticide drift can constitute a trespass. New Minnesota Trespass Case: Bad Smells v.s. But the disruption to the landowner's exclusive possessory interest is not the same when the invasion is committed by an intangible agency, such as the particulate matter at issue here. In an August 27, 2007 letter, the OCIA stated that there may have been chemical drift onto a transitional soybean field and that chemical testing was being done. It reasoned, "[A]s there is no evidence that chemical residue tests performed on the plants . The district court therefore erred by concluding that the Johnsons' trespass claim fails as a matter of law. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 205.202(b), could survive summary judgment, we affirm the court of appeals' reinstatement of those claims and remand for proceedings consistent with this opinion. Only produce that meets strict NOP standards may be certified as organic. A party may amend a responsive pleading that has been served if that party has leave of the court, and leave "shall be freely given when justice so requires." 205.202(b) (2012), a producer's intentional placement of pesticides onto fields from which crops were intended to be harvested and sold as organic was prohibited, but section 205.202(b) did not regulate the drift of pesticides onto those fields. Traditionally, trespasses are distinct from nuisances: [t]he law of nuisance deals with indirect or intangible interference with an owner's use and enjoyment of land, while trespass deals with direct and tangible interferences with the right to exclusive possession of land. Dobbs, supra, 50 at 96. Instead, they primarily complain that the liquid chemicals that the cooperative sprayed into the air from neighboring fields drifted, landed, and remained on the Johnsons' organic crops in detectable form, contaminating them. 7 C.F.R. Elec. Copyright 2023, Thomson Reuters. Because only one of the three chemicals was present based on its testing, the MDA concluded that it can not be proven if the detections were from drift. And even though the testing did not find diflufenzopyr, the MDA still required that the Johnsons plow down a small portion of the soybeans growing in the field because of the presence of dicamba and based on the visual damage observed to this crop. 205.201; see also 205.272 (requiring the farmer to "implement measures necessary to prevent the commingling of organic and nonorganic products and protect organic products from contact with prohibited substances"). Johnson v. Paynesville Farmers Union Cooperative Oil Co Case Brief Summary | Law Case Explained Quimbee 37.2K subscribers Subscribe 2 Share 167 205.202(b), we hold that the district court abused its discretion by denying the motion to amend without first considering whether such amended claims could survive summary judgment. Similarly, section 205.400 does not support the Johnsons' proposed construction of section 205.202(b). Ins. To the extent that the Johnsons' proposed amended complaint includes such claims, the district court properly denied the Johnsons' motion to amend. In summary, we conclude that the Johnsons' trespass claim, and nuisance and negligence per se claims based on 7 C.F.R. Because the Johnsons' interpretation nullifies part of the OFPA and the NOP, that interpretation is not reasonable, and we decline to adopt it. Rather than adopt a categorical conclusion that particulate matter can never cause a trespass, I conclude, as discussed above, that it may constitute a trespass under some circumstances. But any such directive was inconsistent with the plain language of 7 C.F.R. The compliance provision requires, as a way to enforce the requirements in the OFPA, that the certifying agent utilize a system of residue testing to test products sold as organically produced. 7 U.S.C. We therefore reverse the denial without prejudice for further consideration of the injunction on remand, offering no opinion about the merit of any other arguments for or against its issuance. 6521(a). WebJohnson v. Paynesville Farmers Union Cooperative Oil Co. EN. Highview, 323 N.W.2d at 73. Chemical Spray If the land is under lease, the lessee might be the person who has 774 F.3d 1185 - DRB NO. JOHNSON v. PAYNESVILLE FARMERS UNION COOPERATIVE OIL COMPANY Supreme Court of Minnesota. Oluf JOHNSON, et al., Respondents, v. PAYNESVILLE FARMERS UNION COOPERATIVE OIL COMPANY, Appellant. Nos. A101596, A102135. And they alleged that the overspray forced them to destroy some of their crops. Please try again. WebCase Nos. Actual damages are not an element of the tort of trespass. 205.202(b).1, Once producers obtain certification to sell products as organic, the OFPA and NOP provide guidelines for certified organic farming operations to ensure continued compliance. 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For example, producers must prepare a plan for the operation of their farms in order to obtain certification to sell their products as organic. Agency, http://www .epa.gov/pm/ (last updated June 28, 2012). 802 N.W.2d at 391. They also contend that the drift caused additional record-keeping and other burdens in connection with the operation of their farm. 205.400(f)(1). We turn first to the question of whether, as the district court held, the Johnsons' trespass claim fails as a matter of law. Web802 N.W.2d 383 - JOHNSON v. PAYNESVILLE FARMERS UNION CO-OP., Court of Appeals of Minnesota. Rosenberg, 685 N.W.2d at 332. If it is not ambiguous, we apply the plain and ordinary meaning of the words used. Smelting & Ref. We compared the odors in Wendinger to the "noxious fumes" that were emanating from a wastewater plant in Fagerlie v. City of Willmar, 435 N.W.2d 641, 644 n. 2 (Minn. App. Thank you and the best of luck to you on your LSAT exam. at 297 (holding that shotgun pellets that landed on the plaintiff's property could constitute a trespass).7. They alleged that the drift has caused "substantial inconveniences" because they are required to report the contamination and it affects their crop rotations, organic-farm planning, and record keeping. However, if that person were to cause car exhaust, which presumably dissipates quickly in the air, to enter a person's land, it would seem that a trespass would not occur. Our first task is to determine whether the regulation is ambiguous. 6504(2). Pesticide labels generally prohibit use when the wind is in excess of five miles per hour. 31.925 (2010) (adopting the OFPA and the NOP as the organic food production law and rules in this state). In addition to these general provisions, the OFPA also establishes certain crop production practices that are prohibited when producers seek to sell products as organic. The Johnsons took this action because they believed that the presence of any amount of pesticide on their organic fields prohibited them from selling crops harvested from these fields as organic. The subsequent MDA investigation verified that on June 15, 2007, a date when winds were blowing toward the Johnsons' fields at 9 to 21 miles per hour, the Cooperative sprayed Status (diflufenzopyr and dicamba) and Roundup Original (glyphosate) onto a conventional farmer's field immediately adjacent to one of the Johnsons' transitional soybean fields. 205.202(b). 11 For a similar case see Flansburgh v. The Johnsons appeal. 2(a)(1) (2010). favorite this post Jan 16 Couch for sale $250 (wdc > Leesburg) 205.202(b), fail as a matter of law, we reverse the court of appeals' reinstatement of those claims. 805 N.W.2d 14 - DOMAGALA v. ROLLAND, Supreme Court of They asserted that they had to remove some fields from production. Don't Miss Important Points of Law with BARBRI Outlines (Login Required). Arlo Vande Vegte (#112045) ARLO VANDE Our decision in Wendinger rightly rejected the theory that odors alone can constitute trespass in Minnesota, but our citing to Borland and Bradley was unnecessary to that holding and, as a practical matter, our assessment of them was a bit adrift. Office of Appellate Courts . See Flom v. Flom, 291 N.W.2d 914, 917 (Minn.1980) (noting that to satisfy the element of proximate cause there must be a showing that the defendant's conduct was a substantial factor in bringing about the injury). In addition, the Johnsons claim damages for actual crop losses, inconvenience, and adverse health effects. Fabio v. Bellomo, 504 N.W.2d 758, 761 (Minn. 1993). Anderson v. State, Dep't of Natural Res., 693 N.W.2d 181, 186 (Minn. 2005). See Burlington N. & Santa Fe Ry. 6511(c)(2). You can explore additional available newsletters here. Kevin F. Gray, Matthew W. Moehrle, Rajkowski Hansmeier, Ltd., St. Use this button to switch between dark and light mode. The legal theories in the proposed amended complaint are identical to the original complaint, but the Johnsons allege damages, including the inconveniences just mentioned, unique to the 2008 incidents. 205.202(b). We consider each of these issues in turn. Because we conclude that the Johnsons' trespass claim and claims for damages based on 7 C.F.R. The Johnsons settled their losses with the cooperative for that incident. 2405, 165 L.Ed.2d 345 (2006) ([T]he question is whether Congress intended its different words to make a legal difference. See 7 U.S.C. 205.202(b), the court of appeals disagreed with the district court's interpretation of the NOP regulations. In order to resolve the interpretation question presented, we must construe the regulation at issue7 C.F.R. Paynesville Farmers Union Coop. Oil Co., 802 N.W.2d 383 (Minn.App.2011). As to the trespass claim, the court of appeals concluded that the district court read too much into Wendinger. In June 2009, the district court granted a temporary injunction, prohibiting the cooperative from spraying within one-quarter mile of the Johnsons' farm and requiring it to give notice of its spraying activities in the area. 2003), review denied (Minn. Nov. 25, 2003). Pages 9. Organic farmers Oluf and Debra Johnson filed a civil suit alleging that the Paynesville Farmers Union Cooperative Oil Company sprayed a chemical pesticide that drifted from pesticide-targeted fields onto theirs, and that this prevented them from selling their crops under a federal nonpesticide "organic" certification. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. As to the negligence per se and nuisance claims based on 7 C.F.R. at 389. In Minnesota, atrespassis committed where a plaintiff has the right of possession to the land at issue and there is a wrongful and unlawful entry upon such possession by defendant. The inconvenience and adverse health effects the Johnsons allege are the type of claims contemplated in Highview North Apartments, and if proven, they may affect the Johnsons' ability to use and enjoy their land and thereby constitute a nuisance. The distinction between trespass and nuisance should not be based on whether the object invading the land is tangible or intangible. Based on this conclusion, the court reasoned that the presence of any amount of pesticide on the Johnsons' fields rendered the Johnsons noncompliant with 7 C.F.R. The email address cannot be subscribed. at 530 ([I]f, as a result of the defendant's operation, the polluting substance is deposited upon the plaintiff's property, thus interfering with his exclusive possessory interest by causing substantial damage to the res, then the plaintiff may seek his remedy in trespass ); cf. Our trespass jurisprudence recognizes the unconditional right of property owners to exclude others through the ability to maintain an action in trespass even when no damages are provable. For the purposes of this appeal from summary judgment, we assume the following facts, which we perceive to be either undisputed or the reasonable inferences of disputed facts construed in the light most favorable to the Johnsons as the nonmoving parties. But we conclude that the district court erred in (1) dismissing the Johnsons' nuisance and negligence per se claims to the extent those claims are not based on 7 C.F.R. When people or tangible objects enter the plaintiff's land without permission, these entries disturb the landowner's right to exclusively possess her land. Specifically, the Johnsons claim that the MDA required them to destroy a portion of their transitional soybeans affected by the alleged 2007 drift because of the presence of dicamba on and visual damage to the soybeans. 1849, 173 L.Ed.2d 785 (2009). Web200790 City of Charlottesville v. Payne 04/01/2021 In a case seeking declaratory and injunctive relief against a citys actions relating to civil war memorial statues erected in the See Weston v. McWilliams Assocs., Inc., 716 N.W.2d 634, 638 (Minn. 2006). exceeded the 5% tolerance limits established [under the federal organic-certification regulations], produce from these plants could have been sold as `organic'" We review the district court's interpretation of the organic-certification regulation de novo. Consequently, the Cooperative sought a review of the judgment. In January 2009, the Johnsons sued the cooperative for the 2005 and 2007 incidents. Liberty University. Under the plain language of 7 C.F.R. While the court of appeals expressly reversed the district court's denial of the Johnsons' claim for a, At that time, the binding precedent was this court's opinion in the same case, in which we held that a fine, Full title:Oluf JOHNSON, et al., Appellants, v. PAYNESVILLE FARMERS UNION COOPERATIVE. Highview, 323 N.W.2d at 70. . The Johnsons sued the Cooperative on theories including trespass, nuisance, and negligence per se and sought damages and injunctive relief. This Court evaluated the issue by discussing the nature and purpose oftrespasslaw which is to prevent the intentional interference with rights of exclusive possession. (holding that Minnesota law "has not recognized trespass by particulate matter"); The American Heritage Dictionary of the English Language 1282 (4th ed. Prot. It was also inconsistent with the OFPA because the Johnsons presented no evidence that any residue exceeded the 5 percent tolerance level in 7 C.F.R. We granted the Cooperative's petition for review, and on appeal, the Cooperative argues that (1) the Johnsons' trespass claim fails as a matter of law; (2) all of the Johnsons' claims fail as a matter of law because the Johnsons have not shown damages; (3) the district court did not err when it denied the Johnsons' motion to amend their complaint; and (4) the district court did not err when it denied the Johnsons a permanent injunction. See H. Christiansen & Sons Inc., 225 Minn. at 480, 31 N.W.2d at 27374; Sime, 213 Minn. at 481, 7 N.W.2d at 328. We hold that it can. 561.01 (2010) (stating that a nuisance action "may be brought by any person whose property is injuriously affected or whose personal enjoyment is lessened by the nuisance"); Anderson, 693 N.W.2d at 189-91 (requiring damages for a negligence-per-se action). 104 Wash.2d 677, 709 P.2d 782, 786-90 (1985). Moreover, it is not necessary for us to depart from our traditional understanding of trespass because other causes of actionnuisance and negligenceprovide remedies for the type of behavior at issue in this case. If the investigation indicates that the residue detected on the organic product was the result of intentional application of a prohibited substance or the residue is present at levels that are greater than federal regulations prescribe, the product cannot be sold as organic. The court's reading makes no sense because no matter who applies the prohibited pesticide and no matter how the pesticide is applied, whether by drift or otherwise, the end product will be no less contaminated and no less in violation of regulations limiting such contamination. 541.05, subd. If the intrusion is to the interest in use and enjoyment of property, the law of nuisance applies.); see also J.D. In this case, the court concludes that the OFPA's focus on producers and handlers of organic products informs its interpretation that applied to in section 205.202(b) refers only to application of pesticides by the organic farmer. Bad smell, we held, was a nuisance rather than a trespass because, although the essence of the intruding matter was technically a physical substance, it interferes with enjoyment and use of the property but not with its possession. (Emphasis added). Claim this business. Intro to Legal Research. PLST. . The rule the Johnsons advocate, and that the court of appeals adopted, erodes this right because it imposes on the property owner the obligation to demonstrate that the invasion causes some consequence. Not only is the rule from the Bradley and Borland courts inconsistent with our trespass precedent, but the rule in those cases also blurs the line between trespass and nuisance. The operative regulation here requires that "[a]ny field or farm parcel from which harvested crops are intended to be sold, labeled, or represented as `organic' must . 165 (1945) (stating that a law will not be strictly read if such reading results in the emasculation or deletion of a provision which a less literal reading would preserve.). WebCase Brief (19,519) Case Opinion (20,322) Johnson v. Paynesville Farmers Union Coop. We need not address the cooperative's plausible assertion that incidental and negligible overspray during agricultural application is inevitable, and therefore not actionable. But to the extent that the amended complaint alleges claims for the 2008 incidents that are not based in trespass or on 7 C.F.R. See, e.g., Martin v. Reynolds Metals Co., 221 Or. WebPaynesville Farmers Union Cooperative Oil Company :: Supreme Court of the United States :: Administrative Proceeding No. 205.100, .102, .300 (2011); see also Minn. Stat. The Cooperative filed a motion for summary judgment, which the district court granted. See 7 C.F.R. The cooperative's counter position, which is that "applied to" does not include unintended residual drift from overspray, is belied by the express language of the regulation. Finally, they allege that Oluf Johnson suffers from cotton mouth, swollen throat and headaches when exposed to pesticide drift. The cooperative oversprayed adjacent fields again in 2005 and the Johnsons again contacted the MDA. And the OFPA and NOP would not need a provision allowing crops with minimum levels of pesticide on them (i.e., less than 5 percent) to be sold as organic because such crops would necessarily have been harvested from fields ineligible for organic production. Because the Johnsons did not apply pesticides to the field, the Cooperative argues that section 205.202(b) does not restrict the Johnsons' sale of organic products. Johnson, 802 N.W.2d at 39091. DLH, Inc. v. Russ, 566 N.W.2d 60, 71 (Minn. 1997). The OFPA thus contemplates that organic products with some amount of prohibited substance residue on them may be marketed and sold as organic. A101596 Decided: July 25, 2011 but we think the district court read too much into our specific wording in (540) 454-8089. Generally, both trespass and nuisance have a 6year statute of limitations. And in order to receive certification, a producer must comply with the NOP. The Johnsons base their construction on the use of the word application in 7 C.F.R. For instance, the J ohnsons' brief to the Court of Appeals argued that their right of possession was impacted by Paynesville Co-op's actions; but the facts alleged in support of this argument related only to alleged interference with the Johnsons' use of their land. Johnson sold his herbicide-tainted crops at lower, nonorganic prices and, as required by federal regulation, removed the tainted field from organic production for three years. The Johnsons sought a permanent injunction under the nuisance statute, Minn.Stat. In other words, in order for products to be sold as organic, the organic farmer must not have applied prohibited substances to the field from which the product was harvested for a period of 3 years preceding the harvest.13. And in a case alleging damages caused by pesticides, like this case, the applicable statute of limitations is 2 years regardless of the type of claim the plaintiff brings. 205.671. The Supreme Court (1) concluded that the Johnsons' trespass claim and claim for damages based on 7 C.F.R. Johnson v. Paynesville Farmers Union Coop. Case brief Johnson v. Paynesville Farmers Union Co-op Oil Comp., 817 N.W.2d 693 (2012) Facts: Appellant Paynesville Farmers Union Cooperative Oil Company is a member owned farm that has products and services, among other things, applies pesticides to farm fields. Respondents Oluf and Debra Johnsons are organic farmers. 193, 90 L.Ed. , 132 S.Ct. Oluf Johnson complained to the Minnesota Department of Agriculture (MDA) after the 2002 overspray. Oil Co. 817 n.w.2d 693 (minn. 2012) Appellant Paynesville Farmers Union Cooperative Oil Company (Cooperative) was a member owned farm products and services provider that, among other things, applied pesticides to farm fields. Organic farmers Oluf and Debra Johnson filed a civil suit alleging that the Paynesville Farmers Union Cooperative Oil Company sprayed a chemical pesticide that WebAssistant Attorneys General . 205.202(b) (2012) cover instances of pesticide drift, thereby, justifying certain of plaintiff organic farmers Johnsons nuisance and negligence per se claims for damages? Lee & Barry A. Lindahl, 4 Modern Tort Law: Liability and Litigation 38:1 (2d ed. Thereafter, the Johnsons sued the Cooperative, on theories including trespass, nuisance, and negligence per se and sought damages and injunctive relief. They sought damages and a permanent injunction prohibiting the Cooperative from spraying pesticides within a half mile of the Johnsons' fields.3 The Johnsons claimed the following types of damages: (1) loss of profits because they had to take the fields onto which pesticide drifted out of organic production for 3 years; (2) loss of profits because they had to destroy approximately 10 acres of soybeans; (3) inconvenience due to increased weeding, pollution remediation, and NOP reporting responsibilities; and (4) adverse health effects. 802 N.W.2d at 391 (citing 7 C.F.R. The cooperative was cited lour times by the Minnesota Department of Agriculture for violating pesticide laws, which make it illegal to "apply a pesticide resulting in damage to adjacent property," Minn. Stat. Johnson v. Paynesville Farmers Union Coop. 295 (1907)). The MDA detected pesticide residue, and so Johnson took the field out of organic production. This site is protected by reCAPTCHA and the Google. 6520(a)(2). 205.203(c) (2012) (The producer must manage plant and animal materials). And [w]hile the existence of [causation] is usually a question of fact for the jury, when reasonable minds could reach only one conclusion, it is a question of law. Lietz v. N. States Power Co., 718 N.W.2d 865, 872 (Minn.2006) (quoting Canada v. McCarthy, 567 N.W.2d 496, 506 (Minn.1997)). Johnson, 802 N.W.2d at 38889. A10-1596& A10-2135 State of Minnesota Supreme Court Oluf Johnson and Debra Johnson, vs. Paynesville Farmers Union Cooperative Oil Company, APPELLANT'S BRIEF AND ADDENDUM Date of Filing of Court of Appeals Decision: July 25, 2011 Kevin F. Gray (#185516) Respondents, Appellant. Cf. WebOluf Johnson and Debra Johnson, Petitioners: v. Paynesville Farmers Union Cooperative Oil Company: Docketed: December 3, 2012: Linked with 12A377: Lower Ct: Supreme Court of Minnesota: Case Nos. You can opt out at any time by clicking the unsubscribe link in our newsletter, If you have not signed up for your Casebriefs Cloud account Click Here, Thank you for registering as a Pre-Law Student with Casebriefs. 2006) (The distinction between nuisance and trespass is in the difference in the interest interfered with: in a nuisance action it is the use and enjoyment of land, while the interest in a trespass action is the exclusive possession of land.). Keeton, supra, 13 at 7172. But nothing in our Wendinger analysis indicates that we intended the term "particulate matter" to define a unique category of physical substances that can never constitute a trespass. A district court should permit amendments unless it finds that the adverse party would be prejudiced. While the district court, both parties, and the court of appeals characterize the dismissal as one based on a lack of prima facie evidence of damages, the Johnsons clearly made a prima facie showing of damages; they actually took their soybean field back to the beginning of the 3year transition period and lost the opportunity to market crops from that field as organic during that time period. You already receive all suggested Justia Opinion Summary Newsletters. In terms of size, the largest inhalable coarse particles are 10 micrometers in diameter; that is one-seventh the diameter of a strand of human hair. And we have held that errant bullets shot onto another's property constitutes a trespass. Id. 205.662(a), (c) (providing that any noncompliance with the NOP can lead to decertification)). Schroeder v. St. Louis Cnty., 708 N.W.2d 497, 507 (Minn. 2006). The regulation, as part of the organic-certification regulation scheme of the National Organic Program (NOP), limits the circumstances in which farmers may label and sell produce as "organic." The OFPA focuses on the producers and handlers of the products that are marketed and sold as organic. 205.202(b). 205.400(f)(1). The court of appeals reversed. Defendant was a company that sprayed pesticide on conventionally farmed fields adjacent to the plaintiffs fields. Lake v. WalMart Stores, Inc., 582 N.W.2d 231, 236 (Minn.1998) (concluding that we are not persuaded that a new cause of action should be recognized if little additional protection is afforded plaintiffs). Minn.Stat. It has also recognized that a landowner owes a general duty "to adjoining or nearby premises" and observed that the duty leads to "liability [being] regularly imposed in cases concerning pesticide spray that drifted and killed bees" on neighboring land. 6511(c)(2)(B). Because the district court failed to address whether there are any genuine issues of material fact on this aspect of the Johnsons' nuisance claim, we hold that the court erred when it dismissed the nuisance claim. The Johnsons argue that they had to remove certain fields from organic production for 3 years because pesticides were applied to those fields in violation of 7 C.F.R. The district court also denied the Johnsons' motion to amend their complaint, reasoning that the claims arising from the 2008 overspray would fail for the same reasons the 2007-overspray claims failed. 6503(d) (stating that the OFPA is implemented by certifying agents authorized through the Secretary of Agriculture); 7 C.F.R. 369 So.2d at 52526. Some pesticides drifted onto and contaminated plaintiffs organic fields and organic products. 4 BACKGROUND2 I. But the district court should deny a motion to amend a complaint when the proposed claim could not survive a summary-judgment motion. : (A10-1596, A10-2135) Decision Date: August 1, 2012 ~~~Date~~~ Brief of respondent Paynesville Farmers Union Cooperative Oil Trial court was correct in concluding that plaintiffstrespassclaim failed as a matter of law. The court of appeals expansion of trespass law to include intangible matters may subject countless persons and entities to automatic liability fortrespassabsent any demonstrated injury. Victor v. Sell, 301 Minn. 309, 313, 222 N.W.2d 337, 340 (1974). Reading the phrase "applied to it" in 7 C.F.R. Oil Co. Case below, 817 N.W.2d 693. JOHNSON v. PAYNESVILLE FARMERS UNION COOPERATIVE OIL COMPANY. Johnson v. Paynesville Farmers Union Coop. Regarding the 2007 overspray, the district court dismissed the trespass claim because it concluded that "trespass by particulate matter" is not recognized in Minnesota; it dismissed the nuisance and negligence-per-se claims because the Johnsons presented no evidence that the cooperative's spraying caused damages; and it dismissed the battery claim for lack of evidence of intent. We have recognized nuisance claims when a plaintiff can show that the defendant's conduct caused an interference with the use or enjoyment of the plaintiff's property. As discussed above, the Johnsons' 2007 trespass claim and claims based on 7 C.F.R. However, this burden on property owner is inconsistent with the purpose oftrespasslaw which is to protect the unconditional right of property owners even when no damages are provable. Cloud, MN, for respondent. Id. After a hearing, the district court granted the Cooperative summary judgment on all of the Johnsons' claims, denied the Johnsons' motion to amend, and vacated the temporary injunction.4. The district court inferred too much from the regulation. Caminetti v. United States, 242 U.S. 470, 485, 37 S.Ct. 6511(c)(2)(A) (prohibiting the sale of a product as organic if, upon inspection, it is determined that pesticide or nonorganic residue is present as a result of intentional application of a prohibited substance). See id. We are not to adopt an interpretation that renders one section of the regulatory scheme a nullity. We instead conclude that applied to it used in section 205.202(b), when read in the context of the OFPA and the NOP regulations as a whole, unambiguously refers to prohibited substances that the producer intentionally puts on a field from which crops are intended to be sold as organic.14, When the regulation is read in the context of the NOP and the OFPA as a whole and given the statutory scheme's focus on regulating the practices of producers, we conclude that section 205.202(b) does not cover the Cooperative's pesticide drift. And the defendant's entry must be done by means of some physical, tangible agency in order to constitute a trespass. THE PARTIES AGREEMENTS Cogent and DT interconnect at eight Website. 205.202(b), within the context of the OFPA's focus on regulating the practices of the producer of organic products, we conclude that this phrase unambiguously regulates behavior by the producer. Petition for writ This is because the interference with possessory rights and interference with use and enjoyment rights are different. Id. $250. Section 205.400 confirms that when the NOP regulates drift, that intention is made explicitly clear. Under the OFPA and the NOP regulations, a producer cannot market its crops as organic, and receive the premium price paid for organic products, unless the producer is certified by an organic certifying agent. ; see Highview N. Apartments, 323 N.W.2d at 73. 86, 342 P.2d 790, 793 (Or.1959) (suggesting that one explanation for the historical adherence to a distinction between tangible and intangible invasions of land was that science had not yet peered into the molecular and atomic world of small particles). [ a ] s there is no evidence that chemical residue tests performed on the plaintiff 's property constitutes trespass. Construe the regulation is ambiguous, 221 or, 242 U.S. 470, 485, 37.., 13, at 70 ( 5th ed.1984 ). not a law firm do. 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