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. 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 sum, we disagree with the district court that chemical pesticide drift cannot, because of its nature, constitute a trespass. 205.202(b), a third party's pesticide drift cannot cause a field to lose organic certification. 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. Having concluded that the Johnsons' trespass claim fails as a matter of law, we turn next to their nuisance and negligence per se claims. Johnson again notified the MDA in 2008 about the cooperative's spraying in July and August. Trial court was correct in concluding that plaintiffstrespassclaim failed as a matter of law. 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. 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). 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. In Bradley, the Washington Supreme Court held that particulate matter deposited on the plaintiff's land from the defendant's copper smelter could constitute a trespass. See Markham v. Cabell, 326 U.S. 404, 409, 66 S.Ct. WebPaynesville Farmers Union Coop. 205.662(a), (c) (providing that any noncompliance with the NOP can lead to decertification)). Website. 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. Haley v. Forcelle, 669 N.W.2d 48, 55 (Minn.App. And we have held that errant bullets shot onto another's property constitutes a trespass. The Cooperative's pesticide drift therefore could not proximately cause the Johnsons' soybean field to be taken out of organic production for 3 years. With this regulatory scheme in mind, we turn to the incidents that gave rise to this lawsuit. Defendants pesticide drifted and contaminated plaintiffs organic fields. The Johnsons' claim is one for nuisance, not trespass. Rosenberg v. Heritage Renovations, LLC, 685 N.W.2d 320, 332 (Minn.2004). Red River Spray Service, Inc. v. Nelson, 404 N.W.2d 332, 334 (Minn.App. 51, 602 N.W.2d 215, 21819 (Mich.Ct.App.1999) ([P]ossessory rights to real property include as distinct interests the right to exclude and the right to enjoy, violations of which give rise to the distinct causes of action respectively of trespass and nuisance. (citing Keeton, supra, 87)); John Larkin, Inc. v. Marceau, 184 Vt. 207, 959 A.2d 551, 555 (Vt.2008) (holding that landowner who sprayed pesticide on his land that drifted onto plaintiff's land did not commit trespass because there was no evidence that the pesticide interfered with the plaintiff's right to exclusive possession of his land). See 7 U.S.C. So the only question is whether the cooperative's unlawful spraying of the chemical pesticide causing it to drift onto the Johnsons' otherwise chemical-free fields constitutes an unlawful entry. We decided in Wendinger that "invasive odors" that were emanating onto property from a neighboring confined-pig feeding operation could not be a trespass because the odors were part of transient fumes, which support an action for nuisance but not trespass. 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. 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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 1(2), (3) (2010) (creating a 6year statute of limitations for statutory actions like nuisance and establishing a 6year statute of limitations for trespass). 205.400. Appellant Paynesville Farmers Union Cooperative Oil Company (Cooperative) is a member owned farm products and services provider that, among other things, applies pesticides to farm fields. Johnson v. Paynesville Farmers Union Co-op. Section 205.671 addresses the disqualifying level for unavoidable residual environmental contamination referenced in section 6511 of the OFPA. 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. Id. For the reasons that follow, we conclude that the conduct about which the Johnsons complain does not constitute a trespass in Minnesota. Based on the presence of pesticides in their fields, the Johnsons filed this lawsuit against the Cooperative, alleging trespass, nuisance, negligence per se, and battery. VI, 10. See Ryan v. Hennepin Cnty., 224 Minn. 444, 448, 29 N.W.2d 385, 387 (1947) ( Injunctive relief is a remedy and not, in itself, a cause of action, and a cause of action must exist before injunctive relief may be granted. (citation omitted)). 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. The district court granted summary judgment to the Cooperative and dismissed all of the Johnsons' claims. Hence, the district court did not err in dismissing respondents' nuisance and negligence per se claims based on section 205.202(b). 7 U.S.C. In January 2009, the Johnsons sued the cooperative for the 2005 and 2007 incidents. Highview, 323 N.W.2d at 70. (540) 454-8089. _____ Arlo H. Vande 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. Rather, this section governs an organic producer's intentional application of prohibited substances onto fields from which organic products will be harvested .15. WebAssistant Attorneys General . 11 For a similar case see Flansburgh v. 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. Our conclusion that the district court properly dismissed the Johnsons' negligence per se and nuisance claims based on 7 C.F.R. Oluf Johnson complained to the Minnesota Department of Agriculture (MDA) after the 2002 overspray. The compliance provision in the OFPA statute7 U.S.C. 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. 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. 7 U.S.C. Elec. 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. 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. Some pesticides drifted onto and contaminated plaintiffs organic fields and organic products. We reverse the district court's summary judgment order dismissing the Johnsons' trespass claim because pesticide drifting onto the Johnsons' farm may have constituted a trespass. The Supreme Court (1) concluded that the Johnsons' trespass claim and claim for damages based on 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. Ins. Johnson, 802 N.W.2d at 38889. Because Bradley and Borland require a showing of reasonable foreseeability and substantial damages, they essentially disregard the traditional understanding of trespass under Minnesota law, and they are in reality, examples of either the tort of private nuisance or liability for harm resulting from negligence and not trespass cases at all. We disagree. 7 U.S.C. 662 N.W.2d at 550. St. Paul, MN 55101-2134 (651) 757-1468 Agency, http://www.epa.gov/pm/basic.html (last updated June 15, 2012). For its part, the Cooperative argues that the phrase applied to it in 7 C.F.R. 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. 6520(a)(2). See 7 U.S.C. Minn. R. Civ. 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. 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. To the extent that the Johnsons' proposed amended complaint includes such claims, the district court properly denied the Johnsons' motion to amend. Johnson v. Paynesville Farmers Union Coop. Because those rest on erroneous conclusions of law, the district court's reason for denying the injunction fails. This provision therefore does not support the conclusion that section 205.202(b) should be read to cover conduct by third parties. Johnson v. Paynesville Farmers Union Cooperative Oil Co., 817 N.W.2d 693 (Minn. 2012). We have not specifically considered the question of whether particulate matter can result in a trespass. 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 MDA did not observe any plant injury to the alfalfa field or plants, grass and weeds, but chemical testing revealed the presence, at minimal levels, of chloropyrifos, the active ingredient in another pesticide, Lorsban Advanced. 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. 205.202(b), and therefore that OCIA had discretion to decertify the Johnsons' fields. STAR Ctrs., Inc. v. Faegre & Benson, L.L.P., 644 N.W.2d 72, 77 (Minn.2002). Here, on the record presented at this stage in the litigation, it is not clear to me whether the pesticides in this case constituted a trespass. You already receive all suggested Justia Opinion Summary Newsletters. 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. Rosenberg v. Heritage Renovations, LLC, 685 N.W.2d 320, 332 (Minn. 2004). Construing the evidence in the light most favorable to the Johnsons, their certifying agent, OCIA, directed them to take their soybean fields out of organic production for 3 years. WebCase brief Johnson .docx 3 pages Question 1- quiz.docx 1 pages PLST 201 Internet Assignment #3.docx 10 pages Final Research Project PLST 201.docx 2 pages garratt v dailey case brief.docx 10 pages Final Research Project - Copy.docx 2 pages Minn Minors.docx 1 pages Statutory Research Assignment plst 201 #1.docx 2 pages Case Some particles are sufficiently large or dark to be observable, such as dust, dirt, soot, or smoke. United States Envtl. Id. 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 [. 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). The court looked outside Minnesota to support the holding it reached.8 Id. WebOluf Johnson, et al., Respondents, vs. 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. Co. v. White, 548 U.S. 53, 6263, 126 S.Ct. at 391. A trespass claimant must prove two elements: the plaintiffs rightful possession and the defendant's unlawful entry. But there is no statute of limitations difference in Minnesota. Farmers Union Co Op No 2 Lot F26 Davenport 2015 Farmers union We are not to adopt an interpretation that renders one section of the regulatory scheme a nullity. 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. 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. Under the plain language of 7 C.F.R. 205.202(b), remains viable. 205.671. The supreme court has explained that "the intentional throwing of [an object] upon [another's] property would constitute a trespass." 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. And because there was discretion to decertify, the court of appeals concluded that the Johnsons had offered sufficient evidence to survive summary judgment. 6511(c)(1). 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). The OFPA provides important context for interpretation of the regulation because the NOP regulations were drafted to carry out the provisions of the OFPA. 205.671. 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. 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. 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. You're all set! The cooperative oversprayed adjacent fields again in 2005 and the Johnsons again contacted the MDA. The Johnsons sued the Cooperative on theories including trespass, nuisance, and negligence per se and sought damages and injunctive relief. In asking the Court to recognize a claim of trespass by . 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. See 7 C.F.R. 369 So.2d at 52526. [h]ave had no prohibited substances . James A. Henderson, Jr. et al., The Torts Process 386 (7th ed.2007). Smelting & Ref. 205.202(b). Liberty University. See 7 C.F.R. 843, 136 L.Ed.2d 808 (1997). 205.202(b). The proper distinction between trespass and nuisance should be the nature of the property interest affected. 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. Keeton, supra, 13 at 7172. 205.202(c) and 7 C.F.R. Defendant was a company that sprayed pesticide on conventionally farmed fields adjacent to the plaintiffs fields. You have successfully signed up to receive the Casebriefs newsletter. A10-1596, A10-2135 (July 1998), review denied (Minn. Dec. 15, 1998). 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. The Johnsons settled their losses with the cooperative for that incident. Under the NOP regulations, crops may not be sold as organic if the crops are shown to have a prohibited substance on them at levels that are greater than 5 percent of the Environmental Protection Agency's tolerance level for that substance. 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. We consider each of these issues in turn. Kevin F. Gray, Matthew W. Moehrle, Rajkowski Hansmeier, Ltd., St. 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). 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. 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. 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. Johnson v. Paynesville Farmers Union Coop. 2(b) (2010), and to spray pesticide in a manner "inconsistent with a label or labeling," Minn. Stat. 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. 193, 90 L.Ed. They also contend that the drift caused additional record-keeping and other burdens in connection with the operation of their farm. 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. 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. 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. 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)). Chemical Spray If the land is under lease, the lessee might be the person who has 774 F.3d 1185 - DRB NO. More. 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. Minn.Stat. 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. Simply put, the policy concerns that have compelled other jurisdictions to abandon the traditional view of trespass are not present in Minnesota. WebCase Nos. Affirmed in part, reversed in part, and remanded. 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. In deciding whether the regulation is ambiguous, however, we do not construe the regulation in isolation. 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. 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 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. 205.671confirms this interpretation. Ass'n. address. Oil Co., appellants could not establish causation as a matter of law. The district court dismissed the Johnsons' nuisance and negligence per se claims because the court concluded that the Johnsons had not proven damages. Petition for writ We reverse the dismissal of their nuisance and negligence-per-se claims because the dismissal resulted from a misreading of the five-percent-contaminant regulation and the consequently erroneous holding that the Johnsons failed as a matter of law to show any damages. 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. Oluf JOHNSON, et al., Respondents, v. PAYNESVILLE FARMERS UNION COOPERATIVE OIL COMPANY, Appellant. E .g., In re Cities of Annandale & Maple Lake, 731 N.W.2d 502, 516 (Minn.2007) (considering whether a federal regulation was ambiguous). In mind, we conclude that the district court that chemical pesticide can! 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