johnson v paynesville farmers union case brief

Bradley v. Am. Don't Miss Important Points of Law with BARBRI Outlines (Login Required). The cooperative again oversprayed in 2007. 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. 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. . Rather, we are to examine the federal regulation in context. 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. 6511(d). 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). Oil Co. Johnson v. Paynesville Farmers Union Coop. https://casetext.com/case/johnson-v-paynesville-farmers-union-coop-oil-co The court reversed the Court of Appeal in part and affirmed in part and remanded the case to the trial court to determine thenuisanceclaim. 802 N.W.2d at 39192. 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. To defeat a summary judgment motion, the opposing party must make a showing sufficient to establish each essential element. But because the district court failed to consider whether the Johnsons' non trespass claims that were not based on 7 C.F.R. 205 .202(b). Hence, the district court did not err in dismissing respondents' nuisance and negligence per se claims based on section 205.202(b). 2. 205.200 (2012) (The producer or handler must comply with the applicable provisions); 7 C.F.R. 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 . 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 Understanding Law Video Lecture Series: Monthly Subscription ($19 / Month) See 7 U.S.C. The Johnsons' claim is one for nuisance, not trespass. The MDA investigated and determined that the cooperative illegally sprayed herbicide, causing visually apparent tainting of the Johnsons' crops consistent with drift. Use this button to switch between dark and light mode. Co., 104 Wash.2d 677, 709 P.2d 782 (Wash.1985)). Minnesota Attorney Generals Office . favorite this post Jan 16 Couch for sale $250 (wdc > Leesburg) He specifically asked the cooperative to take precautions to avoid overspraying pesticide onto his fields when treating adjacent fields. Id. 6501-6523 (2006) (OFPA), on regulating the practices of the producer of organic products, the phrase unambiguously regulates behavior by the producer. We first address the district court's conclusion that chemical pesticide drift cannot constitute a trespass. Oil Co. Case below, 817 N.W.2d 693. They also contend that the drift caused additional record-keeping and other burdens in connection with the operation of their farm. 7 U.S.C. JOHNSON v. PAYNESVILLE FARMERS UNION COOPERATIVE OIL COMPANY Supreme Court of Minnesota. Oluf JOHNSON, et al., Respondents, v. PAYNESVILLE FARMERS UNION COOPERATIVE OIL COMPANY, Appellant. Nos. A101596, A102135. See 7 U.S.C. 205.202(b). Id. 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. The MDA informed the Johnsons that there was no tolerance for diflufenzopyr in soybeans (organic, transitional, or conventional) and that, pending chemical testing, the MDA would determine if there [would] be any harvest prohibitions on the Johnsons' soybeans. 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. 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. The use of different words in the two provisions supports the conclusion that the sections address different behavior. WebMinnesota.gov Portal / mn.gov // Minnesota's State Portal See 7 C.F.R. Kevin F. Gray, Matthew W. Moehrle, Rajkowski Hansmeier, Ltd., St. Our conclusion that the district court properly dismissed the Johnsons' negligence per se and nuisance claims based on 7 C.F.R. 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. Aegis Insurance Services, Inc. v. 7 World Trade Co., L.P. Howell v. Hamilton Meats & Provisions, Inc. Should the agent determine that the residue came from the intentional application of a prohibited substance, the product may not be sold as organic. Please check your email and confirm your registration. Pages 9. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 205.400. He plowed part of the alfalfa field under because it was "becoming choked with weeds and the alfalfa was very sick and poor.". 561.01. Similarly, section 205.400 does not support the Johnsons' proposed construction of section 205.202(b). 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. But any such directive was inconsistent with the plain language of 7 C.F.R. James A. Henderson, Jr. et al., The Torts Process 386 (7th ed.2007). And they alleged that the overspray forced them to destroy some of their crops. We conclude that they did not. Johnson v. Paynesville Farmers Union Coop. The Johnsons do not allege that a tangible object invaded their land. Oil Co., 802 N.W.2d 383 (Minn.App.2011). In deciding whether the regulation is ambiguous, however, we do not construe the regulation in isolation. Retired judge of the Minnesota Court of Appeals, serving by appointment pursuant to Minn. Const. 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)). WebCase 1:15-cv-01632-LMB-IDD Document 22 Filed 04/25/16 Page 7 of 20 PageID# 272. Schroeder v. St. Louis Cnty., 708 N.W.2d 497, 507 (Minn. 2006). Ass'n. Johnson, 802 N.W.2d at 39091. 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. A10-1596, A10-2135 (Minn. Aug. 1, 2012). 369 So.2d at 52526. 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. To the extent that the Johnsons' proposed amended complaint includes such claims, the district court properly denied the Johnsons' motion to amend. But the cooperative assumes, and the district court concluded, that it is automatically cleared for sale as organic. The regulations require farmers to develop detailed production and handling practices that prevent the commingling of organic and nonorganic foods. 205.202(b).1, Once producers obtain certification to sell products as organic, the OFPA and NOP provide guidelines for certified organic farming operations to ensure continued compliance. This formulation of trespass, however, conflicts with our precedent defining the elements of trespass. We review the district court's decision whether to grant an injunction for abuse of discretion. This is because the interference with possessory rights and interference with use and enjoyment rights are different. Only produce that meets strict NOP standards may be certified as organic. Specifically, if the residue is caused by environmental contamination, but does not exceed the requisite levels, the product may continue to be sold as organic. 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. 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. In Johnson v. Paynesville Farmers Union Cooperative Oil Co., an organic farmer sued a member-owned farm products and services cooperative on claims including trespass, nuisance, and negligence after pesticide sprayed on conventional farm fields drifted onto the farmer's organic fields. Web802 N.W.2d 383 - JOHNSON v. PAYNESVILLE FARMERS UNION CO-OP., Court of Appeals of Minnesota. 369 So.2d 523, 525, 530 (Ala. 1979). They asserted that they had to remove some fields from production. The compliance provision in the OFPA statute7 U.S.C. St. Paul, MN 55101-2134 (651) 757-1468 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. Actual damages are not an element of the tort of trespass. 6511(c)(2)(A). 6511(c)(1). In doing so, it found that there was no harm to the Johnsons and no "wrongful conduct" by the cooperative. See Borland, 369 So.2d at 527 (noting, the same conduct on the part of a defendant may, and often does, result in the actionable invasion of exclusive possession of the property and use and enjoyment). 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. The term particulate matter encompasses a variety of substances, but the court's one-size-fits-all holding that particulate matter can never cause a trespass fails to take into account the differences between these various substances. 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. In other words, the Johnsons did not market soybeans harvested from this field as organic for an additional 3 years. The regulation says nothing about what should happen if the residue testing shows less than five-percent contamination. We decline the Johnsons' invitation to abandon the traditional distinctions between trespass and nuisance law. This site is protected by reCAPTCHA and the Google. Copyright 2023, Thomson Reuters. The Johnsons claimed that the pesticide drift caused them economic damages because they had to take the contaminated fields out of organic production for three years pursuant to 7 C.F.R. We begin with a discussion of the tort of trespass. In this report, the Johnsons alleged that there was pesticide drift onto one of their transitional alfalfa fields after the Cooperative applied Roundup Power Max and Select Max (containing the chemicals glyphosate and clethodium) to a neighboring conventional farmer's field. 18B.07 (2010) by direct[ing] pesticide[s] onto property beyond the boundaries of the target site, using the pesticides in a manner inconsistent with their labels, and endangering the Johnsons' agricultural products. The district court inferred too much from the regulation. The rule the Johnsons advocate, and that the court of appeals adopted, erodes this right because it imposes on the property owner the obligation to demonstrate that the invasion causes some consequence. In April 2010, the Johnsons moved to amend their complaint to include damages from the 2008 incidents. 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). 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. In addition, the Johnsons claim damages for actual crop losses, inconvenience, and adverse health effects. Specifically, the Johnsons claim that the MDA required them to destroy a portion of their transitional soybeans affected by the alleged 2007 drift because of the presence of dicamba on and visual damage to the soybeans. (holding that Minnesota law "has not recognized trespass by particulate matter"); The American Heritage Dictionary of the English Language 1282 (4th ed. Minn.Stat. But the district court should deny a motion to amend a complaint when the proposed claim could not survive a summary-judgment motion. 2001). Haley v. Forcelle, 669 N.W.2d 48, 55 (Minn.App. 541.07(7) (2010) (creating a 2year statute of limitations for all tort claims against pesticide applicators). We review both elements de novo. 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. 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. In re NCAA Student-Athlete Names & Likeness Licensing Litigation. The states may adopt the federal standards or they may impose more restrictive requirements governing products sold as organic. [h]ave had no prohibited substances . 662 N.W.2d at 550. The court looked outside Minnesota to support the holding it reached.8 Id. at 530 ([I]f, as a result of the defendant's operation, the polluting substance is deposited upon the plaintiff's property, thus interfering with his exclusive possessory interest by causing substantial damage to the res, then the plaintiff may seek his remedy in trespass ); cf. The question therefore is not one of damages but is more properly framed as a question of causation. As to the trespass claim, the court of appeals concluded that the district court read too much into Wendinger. 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). The MDA found that the cooperative repeatedly applied pesticide on windy days. Oil Co., No. 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. 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. The Johnsons appeal. And we have held that errant bullets shot onto another's property constitutes a trespass. The court of appeals reversed and remanded. Defendants pesticide drifted and contaminated plaintiffs organic fields. The supreme court has explained that "the intentional throwing of [an object] upon [another's] property would constitute a trespass." 205.671confirm this interpretation. See Rosenberg, 685 N.W.2d at 332. STAR Ctrs., Inc. v. Faegre & Benson, L.L.P., 644 N.W.2d 72, 77 (Minn.2002). 11 For a similar case see Flansburgh v. The Johnsons sued the Cooperative on theories including trespass, nuisance, and negligence per se and sought damages and injunctive relief. 205.202(b). Whether the Johnsons have alleged a viable claim for trespass is a question of law that we review de novo. 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. 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). Defendant claimed that the invasion of particulate matter does not constitute atrespassin Minnesota as a matter of law. In other words, in order for products to be sold as organic, the organic farmer must not have applied prohibited substances to the field from which the product was harvested for a period of 3 years preceding the harvest.13. 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. The Cooperative filed a motion for summary judgment, which the district court granted. There would accordingly be no organic crops left that would be covered under section 205.671 of the NOP or 7 U.S.C. 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. In summary, we conclude that the Johnsons' trespass claim, and nuisance and negligence per se claims based on 7 C.F.R. . Website. 323 N.W.2d 65, 73 (Minn.1982). 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. 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. 205.671, the Johnsons could have sold their crops as organic and therefore the Johnsons did not prove damages. - Legal Principles in this Case for Law Students. 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 Because the Johnsons' interpretation nullifies part of the OFPA and the NOP, that interpretation is not reasonable, and we decline to adopt it. 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. I disagree with the breadth of the court's holding. Rather than adopt a categorical conclusion that particulate matter can never cause a trespass, I conclude, as discussed above, that it may constitute a trespass under some circumstances. Keeton, supra, 13 at 7172. 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. This regulation is at the heart of the Johnsons' claim for damages; they argue that the pesticides were prohibited substances that were "applied to" their field during the cooperative's overspraying, preventing them from selling their crops on the organic market. Farmers Union Co Op No 2 Lot F26 Davenport 2015 Farmers union Oil Co. 817 n.w.2d 693 (minn. 2012) 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. 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. 541.05, subd. The defendant's liability for nuisance is determined by balancing the social utility of the defendants' actions with the harm to the plaintiff. Highview N. Apartments, 323 N.W.2d at 71. In this section, drift is the subject of a specific regulation. 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. Wendinger v. Forst Farms, Inc., 662 N.W.2d 546 (Minn.App. 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. But there is no statute of limitations difference in Minnesota. See Weston v. McWilliams Assocs., Inc., 716 N.W.2d 634, 638 (Minn. 2006). Johnson, 802 N.W.2d at 38889. As is true for the OFPA and the NOP as a whole, section 205.202(c) is also directed at the producer of organic products, not third parties. We therefore hold that the district court did not err in concluding that the Johnsons' trespass claim failed as a matter of law.10. 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. 205.202(b) (2012). We disagree. A link to your Casebriefs LSAT Prep Course Workbook will begin to download upon confirmation of your email Bd. 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. They asked the district court to enjoin the cooperative from spraying within one-half mile of their farm and for damages based on common-law theories of trespass, nuisance, negligence per se, and battery. 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. 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. Considered and decided by ROSS, Presiding Judge; STAUBER, Judge; and HARTEN, Judge. We remand for further proceedings arising from the reversal. WebPaynesville Farmers Union Coop. Paynesville Farmers Union Cooperative Oil Company, Appellant. You already receive all suggested Justia Opinion Summary Newsletters. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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.
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