And in a case alleging damages caused by pesticides, like this case, the applicable statute of limitations is 2 years regardless of the type of claim the plaintiff brings. In doing so, it found that there was no harm to the Johnsons and no "wrongful conduct" by the cooperative. 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. The district court concluded that the Johnsons failed to present prima facie evidence of damages caused by the pesticide drift. 205.671, the Johnsons could have sold their crops as organic and therefore the Johnsons did not prove damages. 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. Remanded. In re NCAA Student-Athlete Names & Likeness Licensing Litigation. The question therefore is not one of damages but is more properly framed as a question of causation. 7 U.S.C. In other words, the tort of trespass is committed when a person intentionally enters or causes direct and tangible entry upon the land in possession of another. Dobbs, supra, 50 at 95 (footnotes omitted). The Johnsons also allege that the pesticide drift constitutes negligence per se, asserting that the Cooperative violated Minn.Stat. And in order to receive certification, a producer must comply with the NOP. 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. 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. We normally presume that, where words differ as they differ here, Congress acts intentionally and purposely in the disparate inclusion or exclusion. (citation omitted) (internal quotation marks omitted)). If it is not ambiguous, we apply the plain and ordinary meaning of the words used. 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.). The Johnsons also reported the alleged pesticide drift to their organic certifying agent, the Organic Crop Improvement Association (OCIA), as they were required to do under the NOP. 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. 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 Johnson again notified the MDA in 2008 about the cooperative's spraying in July and August. Id. 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. The OFPA provides important context for interpretation of the regulation because the NOP regulations were drafted to carry out the provisions of the OFPA. 205.202(b). 205.671confirm this interpretation. Labs., Ltd. v. Novo Nordisk A/S, U.S. WebJohnson v. Paynesville Farmers Union Cooperative Oil Co., 817 N.W.2d 693 (2012): Case Brief Summary - Quimbee Study Aids Case Briefs Overview Casebooks Case In contrast to the provisions that specifically regulate the behavior of producers, the language in section 205.202(b) focuses on a characteristic of the field and does not refer to the producer, handler, or farmer. In order to resolve the interpretation question presented, we must construe the regulation at issue7 C.F.R. Whether the Johnsons have alleged a viable claim for trespass is a question of law that we review de novo. 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. 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. 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. In June 2009, the district court granted a temporary injunction, prohibiting the cooperative from spraying within one-quarter mile of the Johnsons' farm and requiring it to give notice of its spraying activities in the area. The regulations require farmers to develop detailed production and handling practices that prevent the commingling of organic and nonorganic foods. The Johnsons assert that the Cooperative trespassed when it sprayed pesticide onto a neighboring conventional field and wind carried the pesticide, as particulate matter, onto the Johnsons' land. And both those cases and this one, unlike Wendinger, involve a substantive invasion in which the deposited thing not merely vaporous and dissipating odors are the source of the injury arising out of the alleged trespass. Get free summaries of new Minnesota Supreme Court opinions delivered to your inbox! Our first task is to determine whether the regulation is ambiguous. The MDA detected pesticide residue, and so Johnson took the field out of organic production. Highview, 323 N.W.2d at 73. 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. 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. Under that settlement, the cooperative paid damages and agreed to give the Johnsons 24 hours' notice before it sprayed in any adjacent field. The certifying agent's erroneous interpretation of section 205.202(b) and the OFPA was the proximate cause of the Johnsons' injury, but the Johnsons cannot hold the Cooperative liable for the certifying agent's erroneous interpretation of the law. The Johnsons base their construction on the use of the word application in 7 C.F.R. Section 205.671 addresses the disqualifying level for unavoidable residual environmental contamination referenced in section 6511 of the OFPA. And we rely on the district court's findings unless they are clearly erroneous. 445 Minnesota Street, Suite 1400 . These findings were based exclusively on the predicate findings that the Johnsons failed to allege damages. Bad smell, we held, was a nuisance rather than a trespass because, although the essence of the intruding matter was technically a physical substance, it interferes with enjoyment and use of the property but not with its possession. 6511(c)(1). It concluded that the claims arising from the 2005 overspray are time barred. This provision therefore does not support the conclusion that section 205.202(b) should be read to cover conduct by third parties. 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. And we reverse the denial of the Johnsons' motion to amend their complaint and of their request for a permanent injunction because both denials were based on the same mistaken legal conclusions. Of Elec. 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. . 802 N.W.2d at 391 (citing 7 C.F.R. 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. 205.202(b). 104 Wash.2d 677, 709 P.2d 782, 786-90 (1985). The MDA investigated, found drift, and instructed the Johnsons to burn their contaminated alfalfa. As a pre-law student you are automatically registered for the Casebriefs LSAT Prep Course. The court of appeals stated that its decision in Wendinger should not be read to define a unique category of physical substances that can never constitute a trespass. Id. We begin with a discussion of the tort of trespass. 7 U.S.C. 541.05, subd. 205.203(a) (2012) (The producer must select and implement tillage and cultivation practices); 7 C.F.R. 205.202(b), the court of appeals disagreed with the district court's interpretation of the NOP regulations. Oil Co., No. 6503(d) (stating that the OFPA is implemented by certifying agents authorized through the Secretary of Agriculture); 7 C.F.R. I also dissent from the court's interpretation of 7 C.F.R. See 7 U.S.C. See 7 U.S.C. But, as set forth above, the Johnsons' nuisance claim, to the extent it is not based on 7 C.F.R. Oluf JOHNSON, et al., Respondents, v. PAYNESVILLE FARMERS UNION COOPERATIVE OIL COMPANY, Appellant. Final 2.docx - Final Research Case Brief Legal Research Doc Preview. More. Prot. The district court dismissed the Johnsons' nuisance and negligence per se claims because the court concluded that the Johnsons had not proven damages. With this regulatory scheme in mind, we turn to the incidents that gave rise to this lawsuit. 561.01 (2010) (stating that a nuisance action "may be brought by any person whose property is injuriously affected or whose personal enjoyment is lessened by the nuisance"); Anderson, 693 N.W.2d at 189-91 (requiring damages for a negligence-per-se action). Should the agent determine that the residue came from the intentional application of a prohibited substance, the product may not be sold as organic. 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. 193, 90 L.Ed. We last address the district court's denial of the Johnsons' permanent injunction request. To prove a negligence claim, the plaintiff must show that the defendant breached a duty of care that proximately caused the plaintiff damage. Foods, Inc. v. Cnty. We decline the Johnsons' invitation to abandon the traditional distinctions between trespass and nuisance law. WebCase Nos. See, e.g., Sime, 213 Minn. at 481, 7 N.W.2d at 328. _____ Arlo H. Vande For example, producers must prepare a plan for the operation of their farms in order to obtain certification to sell their products as organic. 205.662(a), (c) (providing that if an investigation by a certifying agent "reveals any noncompliance" with NOP regulations, a written notice of noncompliance shall be sent to the certified operation, and that this notice can lead to revocation or suspension of certification (emphasis added)). Based on this conclusion, the court reasoned that the presence of any amount of pesticide on the Johnsons' fields rendered the Johnsons noncompliant with 7 C.F.R. WebPaynesville Farmers Union Cooperative Oil Co. EN English Deutsch Franais Espaol Portugus Italiano Romn Nederlands Latina Dansk Svenska Norsk Magyar Bahasa Indonesia Trke Suomi Latvian Lithuanian esk Unknown Rosenberg v. Heritage Renovations, LLC, 685 N.W.2d 320, 332 (Minn.2004). at 391. The MDA found that the cooperative repeatedly applied pesticide on windy days. But any such directive was inconsistent with the plain language of 7 C.F.R. 6506(a)(4),(5). 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). Producers also must keep records for 5 years concerning the production of agricultural products sold as organically produced. 7 U.S.C. P. 15.01. Victor v. Sell, 301 Minn. 309, 313, 222 N.W.2d 337, 340 (1974). $250. 165 (1945) (stating that a law will not be strictly read if such reading results in the emasculation or deletion of a provision which a less literal reading would preserve.). In this section, the NOP requires that producers who have been certified as organic create buffers between the fields from which organic products will be harvested and other fields. https://casetext.com/case/johnson-v-paynesville-farmers-union-coop-oil-co 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. He plowed part of the alfalfa field under because it was "becoming choked with weeds and the alfalfa was very sick and poor.". And requiring that a property owner prove that she suffered some consequence from the trespasser's invasion before she is able to seek redress for that invasion offends traditional principles of ownership by endanger[ing] the right of exclusion itself. Adams, 602 N.W.2d at 217, 221 (declining to recognize a trespass claim for dust, noise, and vibrations emanating from defendant's mining operation). 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. In asking the Court to recognize a claim of trespass by . 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. 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). The more specific holdings in chemical drift trespass cases in other jurisdictions are consistent with our holding today. The same is true for the Johnsons' request for a permanent injunction. He was also told by the state's organic certifying agent that if any pesticide residue was detected, he must take the field out of organic production for three years. 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. See SCI Minn. Funeral Servs., Inc. v. WashburnMcReavy Funeral Corp., 795 N.W.2d 855, 865 (Minn.2011) (reviewing de novo whether claimants had alleged the elements of a claim). 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. We hold that pesticide drifting from one farm to another may in some circumstances constitute a trespass. New York - August 11, 2011 . Email Address: In other words, the Johnsons did not market soybeans harvested from this field as organic for an additional 3 years. We remand for further proceedings arising from the reversal. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Filed: August 1, 2012 . St. Paul, MN 55101-2134 (651) 757-1468 Red River Spray Service, Inc. v. Nelson, 404 N.W.2d 332, 334 (Minn.App. Oil Co. Poppler v. Wright Hennepin Coop. 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. The court holds that Minnesota does not recognize claims for trespass by particulate matter. I disagree with the breadth of the court's holding. 6520(a)(2). The OFPA focuses on the producers and handlers of the products that are marketed and sold as organic. Under the plain language of 7 C.F.R. Finally, they allege that Oluf Johnson suffers from cotton mouth, swollen throat and headaches when exposed to pesticide drift. He specifically asked the cooperative to take precautions to avoid overspraying pesticide onto his fields when treating adjacent fields. There would accordingly be no organic crops left that would be covered under section 205.671 of the NOP or 7 U.S.C. 18B.07, subd. 205.203(b) (2012) (The producer must manage crop nutrients and soil fertility); 7 C.F.R. 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. But interpreting the regulation to allow for an automatic under-five-percent safe harbor for drift ignores this additional, more specific commentary: We do not speculate as to the Johnsons' damages, but we hold that the district court erroneously rejected their claims for lack of damages on the ground that, by virtue of there having been no finding of five-percent contamination, no damages could be proven. The district court granted summary judgment in the cooperative's favor and dismissed all of the Johnsons' claims. The court of appeals held that the phrase applied to it in section 205.202(b) included situations in which pesticides unintentionally came into contact with organic fields. The Johnsons' claim is one for nuisance, not trespass. 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. We turn first to the portion of the Johnsons' nuisance and negligence per se claims that are based on 7 C.F.R. For example, in Borland v. Sanders Lead Co., Inc., the Alaska Supreme Court recognized that lead particulates and sulfoxide can constitute trespass, reasoning that "if, as a result of the defendant's [smelting] operation, the polluting substance is deposited upon the plaintiffs property, thus interfering with his exclusive possessory interest by causing substantial damage to the Res, then the plaintiff may seek his remedy in trespass." Respondents Oluf and Debra Johnson (Johnsons) are organic farmers. You're all set! Lee & Barry A. Lindahl, 4 Modern Tort Law: Liability and Litigation 38:1 (2d ed. 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. 12-678 Oluf Johnson and Debra Johnson, Petitioners v. Paynesville Farmers Union Cooperative Oil Company Administrative Proceeding Supreme Court of the United States , Case No. Actual damages are not an element of the tort of trespass. The district court inferred too much from the regulation. In addition, the Johnsons claim damages for actual crop losses, inconvenience, and adverse health effects. WebCase Brief (19,519) Case Opinion (20,322) Johnson v. Paynesville Farmers Union Coop. 2(b) (2010), and to spray pesticide in a manner "inconsistent with a label or labeling," Minn. Stat. See 7 C.F.R. A101596 Decided: July 25, 2011 but we think the district court read too much into our specific wording in 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. Defendants pesticide drifted and contaminated plaintiffs 205.202(b). address. Because the Johnsons did not have any evidence of damages based on the NOP regulations, the court concluded that all of the Johnsons' claims must be dismissed and the temporary injunction vacated. . In Highview North Apartments v. County of Ramsey, we held that disruption and inconvenience caused by a nuisance are actionable damages. Because we conclude that the Johnsons' trespass claim and claims for damages based on 7 C.F.R. Web802 N.W.2d 383 - JOHNSON v. PAYNESVILLE FARMERS UNION CO-OP., Court of Appeals of Minnesota. The district court granted, in part, the Johnsons' motion for a temporary injunction on June 26, 2009, requiring the Cooperative to give the Johnsons notice before it sprayed pesticides on land adjoining the Johnsons' organic farm. This action involves alleged pesticide contamination of organic farm fields in central Minnesota. The supreme court has explained that "the intentional throwing of [an object] upon [another's] property would constitute a trespass." 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