johnson v paynesville farmers union case brief

Rosenberg v. Heritage Renovations, LLC, 685 N.W.2d 320, 332 (Minn.2004). The court of appeals reversed. 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. When we read the phrase applied to it in 7 C.F.R. Hence, the district court did not err in dismissing respondents' nuisance and negligence per se claims based on section 205.202(b). As a pre-law student you are automatically registered for the Casebriefs LSAT Prep Course. 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. The court of appeals also concluded that the district court erred in failing to separately analyze or discuss the Johnsons' claims that were not based on trespass or 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. Johnson again notified the MDA in 2008 about the cooperative's spraying in July and August. 205.671. 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.). Under the plain language of 7 C.F.R. Oil Co. Case below, 817 N.W.2d 693. 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. The district court adopted the interpretation of the NOP regulation that the Cooperative advances. New York - August 11, 2011 . The district court granted summary judgment in the cooperative's favor and dismissed all of the Johnsons' claims. 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. The Johnsons settled their losses with the cooperative for that incident. address. 205.202(b). Retired judge of the Minnesota Court of Appeals, serving by appointment pursuant to Minn. Const. 205.203(a) (2012) (The producer must select and implement tillage and cultivation practices); 7 C.F.R. "Summary judgment is appropriate when the evidence, viewed in the light most favorable to the nonmoving party, shows that there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law." When people or tangible objects enter the plaintiff's land without permission, these entries disturb the landowner's right to exclusively possess her land. See 7 C.F.R. Intro to Legal Research. We review both elements de novo. See Burlington N. & Santa Fe Ry. 205.100, .102 (describing which products can carry the organic label). 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. 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. The phrase "applied to" is not defined in the regulations, but we hold that it implicitly includes unintentional pesticide drift. 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. A101596 Decided: July 25, 2011 but we think the district court read too much into our specific wording in 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. And we hold that the federal regulation that prohibits the sale of produce labeled organic if it is tainted with chemicals at levels greater than five percent of the EPA's specified limit does not, by reverse implication, automatically authorize the sale of organically labeled produce that does not fail that five-percent test. The Johnsons contend that as long as there is damage to the land resulting from deposition of particulate matter a viable claim for trespass exists. The Cooperative argues that the invasion of particulate matter does not, as a matter of law, constitute a trespass in Minnesota. Cf. - Legal Principles in this Case for Law Students. But there is no statute of limitations difference in Minnesota. The district court dismissed the Johnsons' request for injunctive relief because it concluded that the Johnsons did not have a viable nuisance claim under 7 C.F.R. See 7 U.S.C. See Rosenberg, 685 N.W.2d at 332. Paynesville Farmers Union Cooperative Oil Company, Appellant. The more specific holdings in chemical drift trespass cases in other jurisdictions are consistent with our holding today. 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? 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. 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. The district court therefore erred by concluding that the Johnsons' trespass claim fails as a matter of law. Minn.Stat. 6511and the corresponding NOP regulation7 C.F.R. 65016523 (2006) (OFPA), and the associated federal regulations in the National Organic Program, 7 C.F.R. 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 agree with the district court that section 205.202(b) does not regulate the Cooperative's pesticide drift. Labs., Ltd. v. Novo Nordisk A/S, U.S. 6511(c)(1). See Adams v. ClevelandCliffs Iron Co., 237 Mich.App. Smelting & Ref. Our conclusion that the district court properly dismissed the Johnsons' negligence per se and nuisance claims based on 7 C.F.R. The OFPA provides important context for interpretation of the regulation because the NOP regulations were drafted to carry out the provisions of the OFPA. 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). 205.671. In April 2010, the Johnsons moved to amend their complaint to include damages from the 2008 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." (540) 454-8089. See 7 U.S.C. 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. In the 1990s, Oluf and Debra Johnson began the three-year process of converting their conventional family farm to a certified-organic farm to realize the higher market prices for organic produce and seeds. of Aitkin, 266 N.W.2d 704, 705 (Minn.1978) (citation omitted); see generally 46 Dunnell Minn. Digest Trespass 1.02 (4th ed.2000). Minn.Stat. You already receive all suggested Justia Opinion Summary Newsletters. This determination was based on the court's conclusion that because there was no evidence that any chemical on the Johnsons' crops exceeded the 5 percent tolerance level in 7 C.F.R. Johnson v. Paynesville Farmers Union Cooperative Oil Co., 817 N.W.2d 693 (Minn. 2012). Caminetti v. United States, 242 U.S. 470, 485, 37 S.Ct. The regulations refer to the "unintended application of a prohibited substance," 205.202(c) (emphasis added), and they also refer to the " [a]pplication, including drift, of a prohibited substance," 205.400(f)(1) (emphasis added). Webipad 6th gen silver 32gb with case $160 (wdc > Ashburn) 2.8mi hide this posting restore restore this posting. Every Bundle includes the complete text from each of the titles below: PLUS: Hundreds of law school topic-related videos from We turn to the district court's denial of the Johnsons' motion to amend their complaint to add claims arising out of the 2008 drift. 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). 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. 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. 6503(d) (stating that the OFPA is implemented by certifying agents authorized through the Secretary of Agriculture); 7 C.F.R. Trespassclaims address only tangible invasions of the right to exclusive possession of land. 445 Minnesota Street, Suite 1400 . 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. The district court here focused on our use of the term "particulate matter" in our discussing the nature of odors and, relying on the American Heritage Dictionary definition of "particulate matter," it concluded that pesticide drift is particulate matter and therefore not actionable as trespass under Minnesota law. The district court concluded that the Johnsons failed to present prima facie evidence of damages caused by the pesticide drift. (540) 454-8089. It reasoned, "[A]s there is no evidence that chemical residue tests performed on the plants . 205.202(b). In other words, the Johnsons did not market soybeans harvested from this field as organic for an additional 3 years. The Johnsons allege that the pesticide drift from the Cooperative's spraying constituted a nuisance because it caused an interference with their use and enjoyment of their land. 6511(c)(1). See Weston v. McWilliams Assocs., Inc., 716 N.W.2d 634, 638 (Minn. 2006). In summary, we conclude that the Johnsons' trespass claim, and nuisance and negligence per se claims based on 7 C.F.R. 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. The Johnsons were also told that [i]f the analysis indicate[d] contamination, they would have to take this land back to the beginning of 36month transition. Based on the OCIA's letter, and the dicamba found by the MDA, the Johnsons took the transitional soybean field back to the beginning of the 3year transition process. In response to this MDA directive, the Johnsons destroyed approximately 10 acres of their soybean crop. 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. For the reasons that follow, we conclude that the conduct about which the Johnsons complain does not constitute a trespass in Minnesota. We therefore reverse the district court's dismissal of the Johnsons' claims, its denial of the Johnsons' motion to amend their complaint to include claims related to other incidents of chemical drift, and its order denying a permanent injunction, and we remand for further proceedings. We conclude that they did not. The MDA investigated and determined that the cooperative illegally sprayed herbicide, causing visually apparent tainting of the Johnsons' crops consistent with drift. 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. In the alternative, the Cooperative argues that if section 205.202(b) is ambiguous, analysis of the relevant canons of construction confirms its interpretation. ] 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. We address only the allegations here, which go beyond inconsequential over-spray or odor-related intrusion. 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. 7 U.S.C. 205.202(b). of Ramsey, 323 N.W.2d 65, 73 n. 6 (Minn. 1982) (permitting recovery for items lost in flooding, replacement of items, and the "owner's time in coping with the water problems" caused by nuisance), the district court erred by granting summary judgment without addressing them. The same is true for the Johnsons' request for a permanent injunction. Specifically, the court concluded that the Johnsons had no evidence of damages from any alleged drift because there is no evidence said drift caused [the Johnsons] to lose their organic certification and there is no evidence that [the Johnsons] could not still sell their crops as organic since the levels of prohibited substances were below the applicable tolerance levels. Based on this conclusion, the court granted the Cooperative summary judgment and dismissed the Johnsons' nuisance and negligence per se claims. Bd. 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. 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. Respondents Oluf and Debra Johnson (Johnsons) are organic farmers. Stay up-to-date with how the law affects your life. One of the purposes of the OFPA is to establish national standards governing the marketing of certain agricultural products as organically produced products. 7 U.S.C. Johnson, 802 N.W.2d at 38889. 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." 80,548, 80,556 (Dec. 21, 2000) (codified at 7 C.F.R. Section 205.671 addresses the disqualifying level for unavoidable residual environmental contamination referenced in section 6511 of the OFPA. The court holds that Minnesota does not recognize claims for trespass by particulate matter. This Court evaluated the issue by discussing the nature and purpose oftrespasslaw which is to prevent the intentional interference with rights of exclusive possession. Affirmed in part, reversed in part, and remanded. WebPDF State of Minnesota Supreme Court 20-72 IN THE Supreme Court of the United States _____ JANET L. HIMSEL, ET AL., Petitioners, v. 4/9 LIVESTOCK, LLC, ET AL., Respondents. at 388. 561.01 (2010) provides that a nuisance is [a]nything which is injurious to health, or indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property. An action seeking an injunction or to recover damages can be brought under the statute by any person whose property is injuriously affected or whose personal enjoyment is lessened by the nuisance. Id. Oil Co., No. 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. 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. Id. Johnson v. Paynesville Farmers Union Coop. 6503(a) (directing the Secretary of Agriculture to establish an organic certification program for producers and handlers of agricultural products). The district court consequently denied the Johnsons' request for permanent injunctive relief. As the Johnsons read section 205.202(b), any amount of pesticide, no matter how it came into contact with the field, would require that the field be taken out of organic production for 3 years. The argument is persuasive. The court of appeals reversed and remanded. In Highview North Apartments v. County of Ramsey, we held that disruption and inconvenience caused by a nuisance are actionable damages. 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.). The question therefore is not one of damages but is more properly framed as a question of causation. 4 BACKGROUND2 I. $250. JOHNSON v. PAYNESVILLE FARMERS UNION COOPERATIVE OIL COMPANY. 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). Prot. 709 P.2d at 784, 790. 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. 205). Because we conclude that the Johnsons' trespass claim and claims for damages based on 7 C.F.R. at 389. The Court however held that the district court erred when it dismissed the Johnsons nuisance and negligence per se claims that were not grounded on section 205.202(b). Instead of focusing on the intangible nature of pesticide drift, the court of appeals focused on the harm caused by it, stating that pesticide drift will affect the composition of the land. Id. at 387. We have affirmed as factually supported a negligence judgment against a crop duster after its negligent spraying of herbicides resulted in chemical drift from target fields onto a neighboring field, damaging crops. 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. 442 (1917) (noting that when the meaning of a statute is plain the sole function of the courts is to enforce it according to its terms). 12-678 No tags have been Indeed, if a defendant's emission of particulate matter causes enough damage to meet the court of appeals' [discernible] and consequential amounts element, Johnson, 802 N.W.2d at 389, the emission will also likely be an unreasonable interference with plaintiff's use and enjoyment of his land, and therefore constitute a nuisance, see Highview N. Apartments v. Cnty. 7 U.S.C. Section 205.400 confirms that when the NOP regulates drift, that intention is made explicitly clear. In addition, given that the ambient environment always contains particulate matter from many sources, the expansion of the tort of trespass in cases such as Bradley and Borland to include invasions by intangible matter potentially subject[s] countless persons and entities to automatic liability for trespass absent any demonstrated injury. John Larkin, Inc., 959 A.2d at 555; see also Borland, 369 So.2d at 529 (It might appear, at first blush, from our holding today that every property owner in this State would have a cause of action against any neighboring industry which emitted particulate matter into the atmosphere, or even a passing motorist, whose exhaust emissions come to rest upon another's property.). 7 U.S.C. For its part, the Cooperative argues that the phrase applied to it in 7 C.F.R. 205.202(b), before dismissing all of the Johnsons' claims, and that the district court had abused its discretion in denying the Johnsons' motion to amend their complaint to include claims based on the 2008 incidents. All rights reserved. 205.202(b), remains viable. It concluded that the claims arising from the 2005 overspray are time barred. Id. . These findings were based exclusively on the predicate findings that the Johnsons failed to allege damages. Wendinger v. Forst Farms, Inc., 662 N.W.2d 546, 550 (Minn.App.2003) (noting that Minnesota has not recognized trespass by particulate matter and rejecting a trespass claim because the odors of which the [plaintiffs] complain interfere with the use and enjoyment of their land, not with their exclusive possession of it), rev. The Johnsons, organic farmers, claimed that while Appellant, a cooperative, was spraying pesticide onto conventionally farmed fields adjacent to the Johnsons' fields, some pesticide contaminated the Johnsons' organic fields. With this regulatory scheme in mind, we turn to the incidents that gave rise to this lawsuit. The use of different words in the two provisions supports the conclusion that the sections address different behavior. 2003), review denied (Minn. Nov. 25, 2003). WebCase Brief (19,287) Case Opinion (19,683) Johnson v. Paynesville Farmers Union Coop. Under the plain terms of section 205.671, therefore, crops can be sold as organic even if testing shows prohibited substances on those crops as long as the amounts detected do not exceed 5 percent of EPA limits. WebJohnson v. Paynesville Farmers Union Cooperative Oil Co. EN. 1989). We last address the district court's denial of the Johnsons' permanent injunction request. In Minnesota, a trespass is 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. All Am. But if, as the Johnsons contend, any applicationincluding driftwere prohibited by section 205.202(b), then section 205.671 would be superfluous. The MDA detected pesticide residue, and so Johnson took the field out of organic production. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. I also dissent from the court's interpretation of 7 C.F.R. 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. 205.671, the Johnsons could have sold their crops as organic and therefore the Johnsons did not prove damages. The Johnsons sued Appellant on theories including trespass, nuisance, and negligence per se, seeking damages and injunctive relief. Johnson v. Paynesville Farmers Union Coop. Defendant was a company that sprayed pesticide on conventionally farmed fields adjacent to the plaintiffs fields. 18B.07, subd. 32 Catoctin Cir SE Leesburg VA 20175. A trespass claimant must prove two elements: the plaintiffs rightful possession and the defendant's unlawful entry. As other courts have suggested, the same conduct may constitute both trespass and nuisance. 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