Section 205.202(c) provides that any field from which crops are intended to be sold as organic must have distinct boundaries and buffer zones to prevent unintended application of a prohibited substance. Section 205.400 details the requirements that a producer must meet in order to gain organic certification. He smelled chemicals in the air over his field, leaving him with "cottonmouth, headache and nausea" and his wife a headache and nausea. The district court initially issued a temporary injunction, but after dismissing the Johnsons' claims on the merits, it vacated that injunction and denied the Johnsons' request for a permanent injunction. It seems to me that differences in size, quantity, and harmfulness of varying types of particulate matter will have an effect on whether the invasion by the substance causes a trespass. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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. The defendant's liability for nuisance is determined by balancing the social utility of the defendants' actions with the harm to the plaintiff. Highview N. Apartments, 323 N.W.2d at 71. Domagala v. Rolland, 805 N.W.2d 14, 22 (Minn.2011). 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. The district court granted summary judgment to Appellant and dismissed all of the Johnsons' claims. The MDA investigator did not observe any plant injury, but chemical testing revealed a minimal amount of glyphosate in the Johnsons' transitional alfalfa. 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). Section 205.671 provides that a crop cannot be sold as organic [w]hen residue testing detects prohibited substances at levels that are greater than 5 percent of the Environmental Protection Agency's [EPA] tolerance for the specific residue. 7 C.F.R. In January 2009, the Johnsons sued the cooperative for the 2005 and 2007 incidents. That section states only that if "residue testing detects prohibited substances at levels that are greater than 5 percent of the Environ-mental Protection Agency's tolerance for the specific residue detected or unavoidable residual environmental contamination, the agricultural product must not be sold, labeled, or represented as organically produced." 205.671. See Borland v. Sanders Lead Co., 369 So.2d 523, 529 (Ala.1979) (Whether an invasion of a property interest is a trespass or a nuisance does not depend upon whether the intruding agent is tangible or intangible . Instead, an analysis must be made to determine the interest interfered with. In addition, if unavoidable residual environmental contamination is present on the product at levels that are greater than those set for the substance at issue, the product may not be sold as organic. 6521(a). 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. 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. 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. 205.202(b), does not, however, end our analysis of those claims. 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. Should the agent determine that the residue came from the intentional application of a prohibited substance, the product may not be sold as organic. WebJohnson v. Paynesville Farmers Union Cooperative Oil Co., 817 N.W.2d 693 (2012): Case Brief Summary - Quimbee Study Aids Case Briefs Overview Casebooks Case And we reverse the denial of the Johnsons' motion to amend their complaint and of their request for a permanent injunction because both denials were based on the same mistaken legal conclusions. 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. 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. Therefore, I would allow the suit to go forward and permit the record to be developed to resolve that question. 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. 843, 136 L.Ed.2d 808 (1997). 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. 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. In other words, the question presented is whether the Johnsons created an issue for trial that the Cooperative's pesticide drift required the Johnsons to remove their field from organic production due to 7 C.F.R. We recognize that we expressly distinguished Borland and Bradley in our discussion in Wendinger and characterized them as examples of cases in which other jurisdictions, unlike Minnesota, had recognized trespass actions by particulate matter. 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. To the extent that the court of appeals' decision would reinstate those claims and allow the Johnsons to amend their complaint to include those claims for the 2008 incidents of pesticide drift, we reverse. The district court inferred too much from the regulation. WebCase Brief (19,287) Case Opinion (19,683) Johnson v. Paynesville Farmers Union Coop. 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.). 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. Our conclusion that the district court properly dismissed the Johnsons' negligence per se and nuisance claims based on 7 C.F.R. applied to it for a period of 3 years immediately preceding harvest of the crop." . But, as set forth above, the Johnsons' nuisance claim, to the extent it is not based on 7 C.F.R. And because there was discretion to decertify, the court of appeals concluded that the Johnsons had offered sufficient evidence to survive summary judgment. This Court evaluated the issue by discussing the nature and purpose oftrespasslaw which is to prevent the intentional interference with rights of exclusive possession. The Johnsons assert that the Cooperative trespassed when it sprayed pesticide onto a neighboring conventional field and wind carried the pesticide, as particulate matter, onto the Johnsons' land. Under these guidelines, if a prohibited substance is detected on a product sold or labeled as organic, the certifying agent must conduct an investigation to determine whether there has been a violation of the federal requirements. We agree with the district court that section 205.202(b) does not regulate the Cooperative's pesticide drift. See 7 C.F.R. We disagree. And both those cases and this one, unlike Wendinger, involve a substantive invasion in which the deposited thing not merely vaporous and dissipating odors are the source of the injury arising out of the alleged trespass. 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)). (holding that Minnesota law "has not recognized trespass by particulate matter"); The American Heritage Dictionary of the English Language 1282 (4th ed. Rosenberg v. Heritage Renovations, LLC, 685 N.W.2d 320, 332 (Minn.2004). 104 Wash.2d 677, 709 P.2d 782, 786-90 (1985). Reading each provision of the regulation as an integrated whole, we therefore deduce that the phrase "applied to" refers to "applications" and that "applications" include even each "unintended application" and that the "application" of a prohibited substance includes "drift" onto a nontargeted field. The court of appeals reversed and remanded. In other words, the Johnsons did not market soybeans harvested from this field as organic for an additional 3 years. Ins. 205.662(a), (c) (providing that if an investigation by a certifying agent "reveals any noncompliance" with NOP regulations, a written notice of noncompliance shall be sent to the certified operation, and that this notice can lead to revocation or suspension of certification (emphasis added)). When people or tangible objects enter the plaintiff's land without permission, these entries disturb the landowner's right to exclusively possess her land. 7 U.S.C. Co., 104 Wash.2d 677, 709 P.2d 782 (Wash.1985)). The Johnsons sought a permanent injunction under the nuisance statute, Minn.Stat. But the court of appeals reversed, holding that the phrase applied to it implicitly includes unintentional pesticide drift, and that therefore OCIA had discretion to decertify the Johnsons' soybean field under section 205.202(b). DLH, Inc. v. Russ, 566 N.W.2d 60, 71 (Minn. 1997). See Adams v. ClevelandCliffs Iron Co., 237 Mich.App. WebPaynesville Farmers Union Coop. The regulation says nothing about what should happen if the residue testing shows less than five-percent contamination. 6511and the corresponding NOP regulation7 C.F.R. 2(a)(1) (2010). In addition to losing the tainted alfalfa, the Johnsons could not grow anything on the burn spot and took the contaminated field out of organic production for three years. Both those cases and this one, unlike Wendinger, involved the dispersion of substances that entered into and settled onto land in discernable and allegedly damaging deposits. 205.662(a), (c) (providing that any noncompliance with the NOP can lead to decertification)). Liberty University. He was also told by the state's organic certifying agent that if any pesticide residue was detected, he must take the field out of organic production for three years. Whereas that distinction may have been logical at times when science was not as precise as it is now, that distinction is not sound today. See Minn. Stat 561.01. 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. 2d 693 (2012) Parties: Oluf Johnson, Respondent, Paynesville The Johnsons sued Appellant on theories including trespass, nuisance, and negligence per se, seeking damages and injunctive relief. 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.). This regulation is at the heart of the Johnsons' claim for damages; they argue that the pesticides were prohibited substances that were "applied to" their field during the cooperative's overspraying, preventing them from selling their crops on the organic market. 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 MDA investigated and determined that the cooperative illegally sprayed herbicide, causing visually apparent tainting of the Johnsons' crops consistent with drift. Co., 104 Wash.2d 677, 709 P.2d 782, 791 (Wash.1985) (When airborne particles are transitory or quickly dissipate, they do not interfere with a property owner's possessory rights and, therefore, are properly denominated as nuisances.). 6508(a). Greenwood v. Evergreen Mines Co., 220 Minn. 296, 31112, 19 N.W.2d 726, 73435 (1945) (water); Whittaker v. Stangvick, 100 Minn. 386, 391, 111 N.W. WebThe Johnsons, organic farmers, claimed that while Appellant, a cooperative, was spraying pesticide onto conventionally farmed fields adjacent to the Johnsons' fields, some at 391. On appeal from the decision to grant summary judgment, we review de novo the district court's application of the law and its determination that there are no genuine issues of material fact. 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. Filed: August 1, 2012 . 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. Some particles are sufficiently large or dark to be observable, such as dust, dirt, soot, or smoke. United States Envtl. 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. 7 C.F.R. And in order to receive certification, a producer must comply with the NOP. ; see Highview N. Apartments, 323 N.W.2d at 73. 205.400(f)(1). 541.07(7) (2010) (creating a 2year statute of limitations for all tort claims against pesticide applicators). Minnesota has adopted the OFPA and the NOP as its state organic farming law. In asking the Court to recognize a claim of trespass by . They asked the district court to enjoin the cooperative from spraying within one-half mile of their farm and for damages based on common-law theories of trespass, nuisance, negligence per se, and battery. But in cases like Bradley and Borland, the courts call[ ] the intrusion of harmful microscopic particles a trespass and not a nuisance, and then us[e] some of the techniques of nuisance law to weigh the amount and reasonableness of the intrusion. Dobbs, supra, 50 at 96. Wendinger v. Forst Farms, Inc., 662 N.W.2d 546 (Minn.App. 205 (2012) (NOP). 205.202(b) (2012). A district court should allow amendment unless the adverse party would be prejudiced, Fabio v. Bellomo, 504 N.W.2d 758, 761 (Minn.1993), but the court does not abuse its discretion when it disallows an amendment where the proposed amended claim could not survive summary judgment, Rosenberg, 685 N.W.2d at 332. Under that settlement, the cooperative paid damages and agreed to give the Johnsons 24 hours' notice before it sprayed in any adjacent field. Thereafter, the Johnsons sued the Cooperative, on theories including trespass, nuisance, and negligence per se and sought damages and injunctive relief. VI, 10. 205.202(b) failed as a matter of law, and therefore, reversed the court of appeals' reinstatement of those claims; and (2) held that the district court failed to consider whether the Johnsons' non trespass claims that were not based on section 205.202(b) could survive summary judgment, and therefore, affirmed the court of appeals' reinstatement of those claims. A10-1596, A10-2135 (July 2001). 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). 561.01. 205.202(b). 205.202(b), and therefore had no basis on which to seek an injunction. 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. Citizens for a Safe Grant v. Lone Oak Sportsmen's Club, Inc., 624 N.W.2d 796, 805 (Minn.App. Our review of cases from other jurisdictions reveals that courts have abandoned the distinction between trespass and nuisance, at least in part, because courts generally favor allowing parties to vindicate wrongs and, in many jurisdictions, actions for trespass have a longer statute of limitations than actions for nuisance. But the Johnsons argue that Bradley and Borland reflect the modern view of trespass and urge us to likewise abandon the traditional distinctions between trespass and nuisance when considering invasions by particulate matter. To defeat a summary judgment motion, the opposing party must make a showing sufficient to establish each essential element. In June 2007, the Johnsons filed a complaint with the Minnesota Department of Agriculture (MDA), alleging that the Cooperative had contaminated one of their transitional soybean fields2 through pesticide drift. 205.203(b) (2012) (The producer must manage crop nutrients and soil fertility); 7 C.F.R. Evidently, under the court's reading of the regulations, if a third party intentionally applies a prohibited pesticide to an organic farm field in a quantity sufficient to leave a residue that violates the regulation, 7 U.S.C. of Mapleview, 293 Minn. 106, 10809, 196 N.W.2d 626, 62829 (1972); Huber v. City of Blue Earth, 213 Minn. 319, 322, 6 N.W.2d 471, 473 (1942). 6507(b)(1). In April 2010, the Johnsons moved to amend their complaint to include damages from the 2008 incidents. You're all set! WebCase Nos. The Understanding Law Video Lecture Series: Monthly Subscription ($19 / Month) WebPaynesville Farmers Union | Case Brief for Law Students Citation817 N.W.2d 693 (Minn. 2012) Brief Fact Summary. The court reversed the Court of Appeal in part and affirmed in part and remanded the case to the trial court to determine thenuisanceclaim. 205.202(b) (2012). Cloud, MN, for respondent. The Court noted that under 7 C.F.R. The cooperative again oversprayed in 2007. In this section, drift is the subject of a specific regulation. A trespass claimant must prove two elements: the plaintiffs rightful possession and the defendant's unlawful entry. 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. 12-678 No tags have been 4 BACKGROUND2 I. Id. Rather, when we interpret a rule, we consult the language itself, the specific context in which that language is used, and the broader context of the [rule] as a whole. Robinson v. Shell Oil Co., 519 U.S. 337, 341, 117 S.Ct. Because the Johnsons did not have any evidence of damages based on the NOP regulations, the court concluded that all of the Johnsons' claims must be dismissed and the temporary injunction vacated. JOHNSON v. PAYNESVILLE FARMERS UNION COOPERATIVE OIL COMPANY. See id. He specifically asked the cooperative to take precautions to avoid overspraying pesticide onto his fields when treating adjacent fields. 205.400. Finally, because trespass is an intentional tort, reasonableness on the part of the defendant is not a defense to trespass liability. One of these specific practices provides that in order to be sold as organic, the product must not be produced on land to which any prohibited substances, including synthetic chemicals, have been applied during the 3 years immediately preceding the harvest of the agricultural products. 7 U.S.C. The Johnsons claim that the pesticide drift caused them: (1) economic damages because they had to take the contaminated fields out of organic production for 3 years pursuant to 7 C.F.R. Victor v. Sell, 301 Minn. 309, 313, 222 N.W.2d 337, 340 (1974). 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. See Minn. Stat. 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. All rights reserved. With respect to the nuisance claim, Minn.Stat. 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. In this report, the Johnsons alleged that there was pesticide drift onto one of their transitional alfalfa fields after the Cooperative applied Roundup Power Max and Select Max (containing the chemicals glyphosate and clethodium) to a neighboring conventional farmer's field. Use this button to switch between dark and light mode. The Johnsons contend that the phrase applied to it in the regulation, read in conjunction with other sections of the NOP, means that any application of pesticides to a field, whether intentional or not, requires that the field be taken out of organic production for 3 years.11 Based on this reading, the Johnsons assert that they were required to take their soybean field back to the beginning of the 3year transition period because of the 2007 pesticide drift.12 As a result, the Johnsons claim they lost the ability to market crops from that field as organic, and therefore lost the opportunity to seek the premium prices commanded by organic products. 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. Lee & Barry A. Lindahl, 4 Modern Tort Law: Liability and Litigation 38:1 (2d ed. The Johnsons do not allege that a tangible object invaded their land. Among other things, section 205.400 requires a producer to [i]mmediately notify the certifying agent concerning any: [a]pplication, including drift, of a prohibited substance to any field that is part of an [organic] operation. 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. Smelting & Ref. Co. v. White, 548 U.S. 53, 6263, 126 S.Ct. 205.202(b), fail as a matter of law. THE PARTIES AGREEMENTS Cogent and DT interconnect at eight This formulation of trespass, however, conflicts with our precedent defining the elements of trespass. The district court relied on a phrase in our decision in Wendinger and dismissed the trespass claim, but we think the district court read too much into our specific wording in that case. This showing is made if it includes evidence that would allow a reasonable factfinder to conclude that the element has been proven. We review the district court's denial of a party's motion to amend a complaint for abuse of discretion. 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. KidCloverButterfly14. Relying on cases from other jurisdictions that were explicitly distinguished in Wendinger, the court of appeals held that pesticide drift can interfere with possession and therefore a trespass action can arise from a chemical pesticide being deposited in [discernible] and consequential amounts onto one agricultural property as the result of errant overspray during application directed at another. Id. 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. 32 Catoctin Cir SE Leesburg VA 20175. 6520(a)(2). at 297 (holding that shotgun pellets that landed on the plaintiff's property could constitute a trespass).7. 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. Oil Co. Poppler v. Wright Hennepin Coop. 445 Minnesota Street, Suite 1400 . We remand for further proceedings arising from the reversal. The more specific holdings in chemical drift trespass cases in other jurisdictions are consistent with our holding today. Oil Co. Case below, 817 N.W.2d 693. See, e.g., Martin v. Reynolds Metals Co., 221 Or. 192, 61 L.Ed. 2003), review denied (Minn. Aug. 5, 2003). Final 2.docx - Final Research Case Brief Legal Research Doc Preview. Section 205.671 addresses the disqualifying level for unavoidable residual environmental contamination referenced in section 6511 of the OFPA. The district court dismissed the Johnsons' nuisance and negligence per se claims because the court concluded that the Johnsons had not proven damages. The MDA investigated and again cited the cooperative for illegally spraying, and the Johnsons again took the affected fields out of organic production for three years. 6511(c)(2)(B). These findings were based exclusively on the predicate findings that the Johnsons failed to allege damages. The proper distinction between trespass and nuisance should be the nature of the property interest affected. 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. Liability for nuisance is determined by balancing the social utility of the defendants ' actions with the NOP consistent drift... 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