johnson v paynesville farmers union case brief

Oil Co., 802 N.W.2d 383 (Minn.App.2011). 205.203(c) (2012) (The producer must manage plant and animal materials). 6511(c)(2)(A) (2006) would not prohibit the product's sale as an organic product because the producer had not applied the prohibited pesticide. Bradley v. Am. 205.671. 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.). 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. 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. 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. James A. Henderson, Jr. et al., The Torts Process 386 (7th ed.2007). Special Force Ministries v. WCCO Television, 584 N.W.2d 789, 792-93 (Minn.App. 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)). 13, at 71. 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 PARTIES AGREEMENTS Cogent and DT interconnect at eight 295, 297 (1907) (bullets and fallen game). 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. When we read the phrase applied to it in 7 C.F.R. 369 So.2d at 52526. Injunctive relief is a permissible remedy under that statute. The cooperative again oversprayed in 2007. Because the Johnsons' interpretation nullifies part of the OFPA and the NOP, that interpretation is not reasonable, and we decline to adopt it. WebOluf Johnson, et al., Respondents, vs. The more specific holdings in chemical drift trespass cases in other jurisdictions are consistent with our holding today. Considered and decided by ROSS, Presiding Judge; STAUBER, Judge; and HARTEN, Judge. Rosenberg v. Heritage Renovations, LLC, 685 N.W.2d 320, 332 (Minn. 2004). Minn.Stat. First, the language of section 205.202(b) is silent with respect to who applied the prohibited substances. 192, 61 L.Ed. The plain language of the phraseAny field or farm parcel must: (b) Have had no prohibited substances applied to itindicates that the concern is what the land in question was exposed to, not how it was exposed, why it was exposed, or who caused the exposure. 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). This Court evaluated the issue by discussing the nature and purpose oftrespasslaw which is to prevent the intentional interference with rights of exclusive possession. 6511(c)(2)(A). 65016523 (2006) (OFPA), and the associated federal regulations in the National Organic Program, 7 C.F.R. Johnson v. Paynesville Farmers Union Cooperative Oil Co., 817 N.W.2d 693 (Minn. 2012). Section 205.400 confirms that when the NOP regulates drift, that intention is made explicitly clear. 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. Should the agent determine that the residue came from the intentional application of a prohibited substance, the product may not be sold as organic. Because those rest on erroneous conclusions of law, the district court's reason for denying the injunction fails. Make your practice more effective and efficient with Casetexts legal research suite. We are not to adopt an interpretation that renders one section of the regulatory scheme a nullity. 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. 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. 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. Generally, both trespass and nuisance have a 6year statute of limitations. 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. v. Kandiyohi Cnty. 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). 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. This is an appeal from summary judgment. 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. 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). Oluf Johnson posted signs at the farm's perimeter indicating that it was chemical free, maintained a buffer zone between his organic fields and his chemical-using neighbors' farms, and implemented a detailed crop-rotation plan. 6504, 6513. In summary, trespass claims address tangible invasions of the right to exclusive possession of land, and nuisance claims address invasions of the right to use and enjoyment of land. 1849, 173 L.Ed.2d 785 (2009). 6511(c)(1). The MDA investigator did not observe any plant injury, but chemical testing revealed a minimal amount of glyphosate in the Johnsons' transitional alfalfa. 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. To the extent that the Johnsons' proposed amended complaint includes such claims, the district court properly denied the Johnsons' motion to amend. 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. The Johnsons appeal. Oluf JOHNSON, et al., Respondents, v. PAYNESVILLE FARMERS UNION COOPERATIVE OIL COMPANY, Appellant. 205.200 (2012) (The producer or handler must comply with the applicable provisions); 7 C.F.R. 7 U.S.C. at 38889 (citing Borland v. Sanders Lead Co., 369 So.2d 523 (Ala.1979); Bradley v. Am. See, e.g., Anderson v. Dep't of Natural Res., 693 N.W.2d 181, 192 (Minn.2005) (discussing our nuisance jurisprudence); Schmidt v. Vill. It is the right of the owner in possession to exclusive possession that is protected by an action for trespass. : (A10-1596, A10-2135) Decision Date: August 1, 2012 ~~~Date~~~ Brief of respondent Paynesville Farmers Union Cooperative Oil . Of Elec. 2000) (defining particulate matter as "[m]aterial suspended in the air in the form of minute solid particles or liquid droplets, especially when considered an atmospheric pollutant"). 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. Thereafter, the Johnsons sued the Cooperative, on theories including trespass, nuisance, and negligence per se and sought damages and injunctive relief. The OFPA focuses on the producers and handlers of the products that are marketed and sold as organic. But any such directive was inconsistent with the plain language of 7 C.F.R. 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. 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. 205.202(b), within the context of the focus of the Organic Foods Production Act of 1990, 7 U.S.C.S. 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. Whether plaintiffstrespassclaim fails as a matter of law? 4 BACKGROUND2 I. Don't Miss Important Points of Law with BARBRI Outlines (Login Required). Farmers Union Co Op No 2 Lot F26 Davenport 2015 Farmers union WebCase 1:15-cv-01632-LMB-IDD Document 22 Filed 04/25/16 Page 7 of 20 PageID# 272. 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. , 132 S.Ct. We last address the district court's denial of the Johnsons' permanent injunction request. Aegis Insurance Services, Inc. v. 7 World Trade Co., L.P. Howell v. Hamilton Meats & Provisions, Inc. 11 For a similar case see Flansburgh v. Filed: August 1, 2012 . Sime v. Jensen, 213 Minn. 476, 481, 7 N.W.2d 325, 328 (1942); see also Romans v. Nadler, 217 Minn. 174, 18081, 14 N.W.2d 482, 486 (1944) (citing Whittaker v. Stangvick, 100 Minn. 386, 111 N.W. 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. As a pre-law student you are automatically registered for the Casebriefs LSAT Prep Course. Johnson v. Paynesville Farmers Union Coop. And we rely on the district court's findings unless they are clearly erroneous. The Johnsons settled their losses with the cooperative for that incident. WebCase Brief (19,287) Case Opinion (19,683) Johnson v. Paynesville Farmers Union Coop. 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. Subsequently, the Cooperative moved for summary judgment, and the Johnsons moved to amend their complaint to include claims based on the two 2008 incidents and a claim for punitive damages. 5 were here. This distinction between inference with possessory rights and interference with use and enjoyment rights is reflected in the only reported decisions in Minnesota, both from the court of appeals, which reached the question of whether an invasion by particulate matter constitutes a trespass. 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. These findings were based exclusively on the predicate findings that the Johnsons failed to allege damages. 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)). Weborganic - Page 14 - Food & Beverage Litigation Update The connection between actual and proximate causation, Aegis Insurance Services, Inc. v. 7 World Trade Co. V. UNITED . Only produce that meets strict NOP standards may be certified as organic. Our rules of statutory interpretation (which we apply to regulations) do not permit us to add words to a regulation whether the words were purposefully omitted or inadvertently overlooked. Premier Bank v. Becker Dev., LLC, 785 N.W.2d 753, 760 (Minn.2010). Because the Johnsons still have a viable nuisance claim, and an injunction is a potential remedy for a nuisance, we hold that the district court erred when it dismissed the Johnsons' request for permanent injunctive relief. App., decided July 25, 2011). Id. You can opt out at any time by clicking the unsubscribe link in our newsletter. Annual Subscription ($175 / Year). WebCase 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 205 (2012) (NOP). See Burlington N. & Santa Fe Ry. See H. Christiansen & Sons, Inc. v. City of Duluth, 225 Minn. 475, 480, 31 N.W.2d 270, 27374 (1948). At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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. The Johnsons reported another incident of drift on August 1, 2008. We have not specifically considered the question of whether particulate matter can result in a trespass. Highview, 323 N.W.2d at 73. 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. Among numerous other requirements, the NOP provides that land from which crops are intended to be sold as organic must [h]ave had no prohibited substances applied to it for a period of 3 years immediately preceding harvest of the crop. 7 C.F.R. 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. Minn.Stat. Whether the Johnsons have alleged a viable claim for trespass is a question of law that we review de novo. Use this button to switch between dark and light mode. 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. He smelled chemicals in the air over his field, leaving him with "cottonmouth, headache and nausea" and his wife a headache and nausea. 205.202(b), could survive summary judgment, we affirm the court of appeals' reinstatement of those claims and remand for proceedings consistent with this opinion. You have successfully signed up to receive the Casebriefs newsletter. 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. 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. ] 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. WebCase Nos. Section 205.671 addresses the disqualifying level for unavoidable residual environmental contamination referenced in section 6511 of the OFPA. And in order to receive certification, a producer must comply with the NOP. The argument is persuasive. 193, 90 L.Ed. Defendants pesticide drifted and contaminated plaintiffs organic fields. PDF United States Court of Appeals The plaintiffs were organic farmers who alleged that The use of different words in the two provisions supports the conclusion that the sections address different behavior. 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. 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. But the cooperative assumes, and the district court concluded, that it is automatically cleared for sale as organic. If the investigation indicates that the residue detected on the organic product was the result of intentional application of a prohibited substance or the residue is present at levels that are greater than federal regulations prescribe, the product cannot be sold as organic. 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