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. Our conclusion that the district court properly dismissed the Johnsons' negligence per se and nuisance claims based on 7 C.F.R. For its part, the Cooperative argues that the phrase applied to it in 7 C.F.R. For the reasons that follow, we conclude that the conduct about which the Johnsons complain does not constitute a trespass in Minnesota. 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. Wendinger v. Forst Farms, Inc., 662 N.W.2d 546 (Minn.App. 205.202(b). 18B.07, subd. STAR Ctrs., Inc. v. Faegre & Benson, L.L.P., 644 N.W.2d 72, 77 (Minn.2002). ] 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. Respondents Oluf and Debra Johnson (Johnsons) were organic farmers. See Minn. Stat 561.01. of Aitkin, 266 N.W.2d 704, 705 (Minn.1978) (citation omitted); see generally 46 Dunnell Minn. Digest Trespass 1.02 (4th ed.2000). 7 U.S.C. Thereafter, the Johnsons sued the Cooperative, on theories including trespass, nuisance, and negligence per se and sought damages and injunctive relief. 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." Cf. Our holding in Wendinger, rejecting the contention that an inactionable odor-based trespass claim is converted into an actionable claim simply because of an odorous fume's nature as a physical substance, is of no controlling force here. WebCase Brief (19,519) Case Opinion (20,322) Johnson v. Paynesville Farmers Union Coop. The court holds that Minnesota does not recognize claims for trespass by particulate matter. 205.202(b), fail as a matter of law. The Johnsons sued Appellant on theories including trespass, nuisance, and negligence per se, seeking damages and injunctive relief. Oil Co., appellants could not establish causation as a matter of law. Casebriefs is concerned with your security, please complete the following, Introduction to Negligence, Intentional Infliction of Emotional Distress, Elements of Negligence, Duty to Protect from third persons: Defendants relationship with the third person, Introduction to Products Liability, Design Defects, Introduction to Products Liability, Warning or informational defects, Introduction to Negligence, Elements of Negligence, Compensatory and Punitive Damages, Introduction to negligence, elements of negligence, negligence per se, Introduction to defamation, Intentional infliction of emotional distress, privileges and defenses to defamation, Intentional Infliction of Emotional Distress, Introduction to Professional and Medical Liability, Voluntariness, Duty Arising From a Promise Undertaking or Relationship, Invasion of Privacy, Public Disclosure of Private Fact, Nuisance, Trespass, Trespass to land and Chattels, Introduction to proximate cause, Relationship between proximate cause and plaintiffs Fault, Proximate Cause I, Proximate Cause II, Contribution in a joint and several liability system, Negligent infliction of emotional distress, LSAT Logic Games (June 2007 Practice Exam), LSAT Logical Reasoning I (June 2007 Practice Exam), LSAT Logical Reasoning II (June 2007 Practice Exam). Id. Domagala v. Rolland, 805 N.W.2d 14, 22 (Minn.2011). 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. And while wafting odors will not affect the composition of the land, a liquid chemical pesticide or herbicide being sprayed for agricultural purposes will; by design, it descends and clings to soil or plants, killing organisms. 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. 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. Some pesticides drifted onto and contaminated plaintiffs organic fields and organic products. 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. 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). 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. See id. This action involves alleged pesticide contamination of organic farm fields in central Minnesota. The court of appeals reversed. 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. Defendants pesticide drifted and contaminated plaintiffs organic fields. A link to your Casebriefs LSAT Prep Course Workbook will begin to download upon confirmation of your email 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. 205.201(a) (2012) (The producer or handler must develop an organic production or handling system plan); 7 C.F.R. We begin with a discussion of the tort of trespass. Such invasions may interfere with the landowner's use and enjoyment of her land, but those invasions do not require that the landowner share possession of her land in the way that invasions by physical objects do. The Environmental Protection Agency defines particulate matter as a complex mixture of extremely small particles and liquid droplets made up of a number of components, including acids (such as nitrates and sulfates), organic chemicals, metals, and soil or dust particles. United States Envtl. The court of appeals forged new ground in this case and extended Minnesota trespass jurisprudence when it held that a trespass could occur through the entry of intangible objects, such as the particulate matter at issue here. WebMinnesota.gov Portal / mn.gov // Minnesota's State Portal 205.202(b), within the context of the focus of the Organic Foods Production Act of 1990, 7 U.S.C.S. We next address the district court's conclusion that the Johnsons failed to allege damages, an essential element of their nuisance and negligence-per-se claims. Plaintiffs were farmers who grew organic crops. Fabio v. Bellomo, 504 N.W.2d 758, 761 (Minn. 1993). Keeton, supra, 13 at 7172. Considered and decided by ROSS, Presiding Judge; STAUBER, Judge; and HARTEN, Judge. Agency, http://www.epa.gov/pm/basic.html (last updated June 15, 2012). Paynesville Farmers Union Cooperative Oil Company, Appellant. at 389. We address only the allegations here, which go beyond inconsequential over-spray or odor-related intrusion. Johnson v. Paynesville Farmers Union Coop. . 6501-6523 (2006) (OFPA), on regulating the practices of the producer of organic products, the phrase unambiguously regulates behavior by the producer. 193, 90 L.Ed. While section 205.202(a) implicitly references producers and handlers, by referring to provisions that specifically prescribe their conduct, section 205.202(b) does not do so in any way. at 297 (holding that shotgun pellets that landed on the plaintiff's property could constitute a trespass).7. 205.100, .102, .300 (2011); see also Minn. Stat. Under that settlement, the cooperative paid damages and agreed to give the Johnsons 24 hours' notice before it sprayed in any adjacent field. Minn. R. Civ. 18B.07, subd. Because the district court erred by finding no damages were shown by the Johnsons, we reverse the dismissal of the Johnsons' nuisance and negligence-per-se claims. 6501(1). 1987). It is the right of the owner in possession to exclusive possession that is protected by an action for trespass. See 7 C.F.R. In addition, the Johnsons claim damages for actual crop losses, inconvenience, and adverse health effects. The MDA found that the cooperative repeatedly applied pesticide on windy days. 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. VI, 10. Here, the district court concluded that the Johnsons' amendments adding the 2008 claims would not withstand summary judgment for the same reasons that the 2007 claims for trespass, negligence per se, and nuisance failed. 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. 205.203(a) (2012) (The producer must select and implement tillage and cultivation practices); 7 C.F.R. And they alleged that the overspray forced them to destroy some of their crops. With this regulatory scheme in mind, we turn to the incidents that gave rise to this lawsuit. But the cooperative assumes, and the district court concluded, that it is automatically cleared for sale as organic. They also contend that the drift caused additional record-keeping and other burdens in connection with the operation of their farm. Johnson v. Paynesville Farmers Union Coop. And similarly, the Washington Supreme Court held in Bradley v. American Smelting and Refining Co. that arsenic and cadmium particles emitted from a smelting plant and landing on the plaintiffs' land could also constitute a trespass. 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. Oluf Johnson and Debra Johnson v. Paynesville Farmers Union Cooperative Oil Company. https://casetext.com/case/johnson-v-paynesville-farmers-union-coop-oil-co The Court also explained that including intangible matters as causes oftrespasswould also impose on the property owners the obligation to demonstrate that the invasion causes some consequence. See 7 U.S.C. Webipad 6th gen silver 32gb with case $160 (wdc > Ashburn) 2.8mi hide this posting restore restore this posting. (holding that Minnesota law "has not recognized trespass by particulate matter"); The American Heritage Dictionary of the English Language 1282 (4th ed. And in Borland, the Alabama Supreme Court upheld a trespass claim based on the defendant's emission of lead particulates and sulfoxide gases that the plaintiffs alleged accumulated on their property. A101596 Decided: July 25, 2011 but we think the district court read too much into our specific wording in Copyright 2023, Thomson Reuters. Defendants pesticide drifted and contaminated plaintiffs 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. 205.202(b), and therefore had no basis on which to seek an injunction. ; see Highview N. Apartments, 323 N.W.2d at 73. See Weston v. McWilliams Assocs., Inc., 716 N.W.2d 634, 638 (Minn. 2006). Workers, 676 F.3d 566, 570 (7th Cir.2012) (stating that the same rules of construction apply to federal administrative rules as to statutes); Citizens Advocating Responsible Dev. 205.202(b) (2012), (2) economic damages because they had to destroy some crops, (3) inconvenience, and (4) adverse health effects. 205.203(c) (2012) (The producer must manage plant and animal materials). And in order to receive certification, a producer must comply with the NOP. 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. 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.). . 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. 205.202(b), the court of appeals disagreed with the district court's interpretation of the NOP regulations. Johnson, 802 N.W.2d at 39091. And we have held that errant bullets shot onto another's property constitutes a trespass. There would accordingly be no organic crops left that would be covered under section 205.671 of the NOP or 7 U.S.C. JOHNSON v. PAYNESVILLE FARMERS UNION COOPERATIVE OIL COMPANY. Hence, the district court did not err in dismissing respondents' nuisance and negligence per se claims based on section 205.202(b). 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. 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. 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." 2(b) (2010), and to spray pesticide in a manner "inconsistent with a label or labeling," Minn. Stat. Regarding the Johnsons' negligence per se claim, we have recognized that negligence per se is a form of ordinary negligence that results from violation of a statute. Anderson, 693 N.W.2d at 189 (quoting Seim v. Garavalia, 306 N.W.2d 806, 810 (Minn.1981)). 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. Imposing this restriction on a trespass claim is inconsistent with our precedent that provides a remedy to a property owner for any trivial trespass. Romans, 217 Minn. at 180, 14 N.W.2d at 486. 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). 13, at 71. 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. Annual Subscription ($175 / Year). Injunctive relief is a permissible remedy under that statute. See, e.g., Bradley, 709 P.2d at 786, 791 (holding that the 3year trespass statute of limitations applied rather than the 2year nuisance statute of limitations). at 391. 802 N.W.2d at 39192. WebAssistant Attorneys General . 205.202(b), a third party's pesticide drift cannot cause a field to lose organic certification. The Johnsons claimed that while the Cooperative was spraying pesticide onto conventionally farmed fields adjacent to the Johnsons fields, some pesticide drifted onto and contaminated the Johnsons organic fields. 205.202(b). Webjohnson v paynesville farmers union case briefround nesting side tables set 29 grudnia 2021 / nonna biscotti costco / w union jack pub menu speedway in / Autor Schroedl, 616 N.W.2d 273, 277 (Minn. 2000). I disagree with the breadth of the court's holding. Agency, http://www .epa.gov/pm/ (last updated June 28, 2012). 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. 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. We have not specifically considered the question of whether particulate matter can result in a trespass. Should the agent determine that the residue came from the intentional application of a prohibited substance, the product may not be sold as organic. 561.01. 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. 205.202(b), fail as a matter of law and therefore amending the complaint to include identical claims based on the 2008 incidents would be futile. That regulation reads: Any field or farm parcel from which harvested crops are intended to be sold, labeled, or represented as organic, must: (b) Have had no prohibited substances, as listed in 205.105, applied to it for a period of 3 years immediately preceding harvest of the crop [. We disagree. 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. 65016523 (2006) (OFPA), and the associated federal regulations in the National Organic Program, 7 C.F.R. The supreme court has explained that "the intentional throwing of [an object] upon [another's] property would constitute a trespass." 12-678 No tags have been To defeat a summary judgment motion, the opposing party must make a showing sufficient to establish each essential element. And because the court concluded that the Johnsons' claims arising from the 2008 incidents would necessarily fail as a matter of law under the same analysis, the court denied the Johnsons' motion to amend their complaint to include claims based on the 2008 incidents. 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. St. Paul, MN 55101-2134 (651) 757-1468 1670, 1680, 182 L.Ed.2d 678 (2012) (noting that courts are to consider questions of statutory interpretation by looking at phrases in the context of the entire statute). 6520(a)(2). Under the plain language of 7 C.F.R. 205.202(b) (emphasis added). Because we conclude that the Johnsons' trespass claim and claims for damages based on 7 C.F.R. The argument is persuasive. The distinction between trespass and nuisance should not be based on whether the object invading the land is tangible or intangible. The Johnsons argue that the Cooperative is liable, under nuisance and negligence per se theories, for damages resulting from the destruction of these soybeans.16 Because the district court failed to address whether there were any genuine issues of material fact on this aspect of the Johnsons' nuisance and negligence per se claims, we hold that the court erred when it dismissed these claims. This formulation of trespass, however, conflicts with our precedent defining the elements of trespass. The gist of the tort of trespass, however, is the intentional interference with rights of exclusive possession. Dan B. Dobbs, The Law of Torts 50 at 95 (2000); see also Martin v. Smith, 214 Minn. 9, 12, 7 N.W.2d 481, 482 (1942) (The gist of the action of trespass is the breaking and entering of the plaintiff's close.). The Johnsons seek loss of profits under both the nuisance and negligence per se claims based on their alleged inability to market their crops as organic under 7 C.F.R. The Johnsons sued the Cooperative on theories including trespass, nuisance, and negligence per se and sought damages and injunctive relief. Yes. 7 C.F.R. 4 BACKGROUND2 I. See 7 U.S.C. Producers also must keep records for 5 years concerning the production of agricultural products sold as organically produced. 7 U.S.C. 205.200 (2012) (The producer or handler must comply with the applicable provisions); 7 C.F.R. 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. In addition, the Johnsons' nuisance claim alleges that pesticides below the recommended dosage can spur weed growth and that they have had to take extra measures to control weeds in 2007 and 2008 as a result of drift onto their fields from the Cooperative's actions. You already receive all suggested Justia Opinion Summary Newsletters. Caminetti v. United States, 242 U.S. 470, 485, 37 S.Ct. Finally, because trespass is an intentional tort, reasonableness on the part of the defendant is not a defense to trespass liability. 104 Wash.2d 677, 709 P.2d 782, 786-90 (1985). They asserted separately that some of the chemicals, presumably fertilizers, enhanced weed growth. : (A10-1596, A10-2135) Decision Date: August 1, 2012 ~~~Date~~~ Brief of respondent Paynesville Farmers Union Cooperative Oil A district court should permit amendments unless it finds that the adverse party would be prejudiced. (540) 454-8089. 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. Appellant Paynesville Farmers Union Cooperative Oil Company (Cooperative) is a member owned farm products and services provider that, among v. Kandiyohi Cnty. 205.202(b), and (2) denying the Johnsons' motion to amend their complaint to include claims for the 2008 incidents to the extent those claims are not based on trespass or 7 C.F.R. 1849, 173 L.Ed.2d 785 (2009). 205.203(b) (2012) (The producer must manage crop nutrients and soil fertility); 7 C.F.R. The Johnsons claim that while the Cooperative was spraying pesticide onto conventionally farmed fields adjacent to the Johnsons' fields, some pesticide drifted onto and contaminated the Johnsons' organic fields. Schroeder v. St. Louis Cnty., 708 N.W.2d 497, 507 (Minn. 2006). The NOP regulation that specifically implements this compliance provision in the statute7 C.F.R. After receiving these test results, the Johnsons took the affected alfalfa field out of organic production for an additional 3 years. 504 N.W.2d 758, 761 ( Minn. 1993 ). court 's interpretation of the in. United States, 242 U.S. 470, 485, 37 S.Ct to it in 7 C.F.R of,. Organic Program, 7 C.F.R ( quoting Seim v. Garavalia, 306 806. Caminetti v. United States, 242 U.S. 470, 485, 37 S.Ct nuisance claims based on 7 C.F.R.102! As organically produced court properly dismissed the Johnsons took the affected alfalfa field out of organic farm in! Governing the marketing of certain agricultural products as organically produced sought damages and injunctive relief Co., 519 U.S.,... Respondents Oluf and Debra Johnson v. Paynesville Farmers Union Cooperative oil Company were organic Farmers particulate matter can in... Results, the Johnsons ' trespass claim is inconsistent with our precedent the... ) ). 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