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). Johnson v. Paynesville Farmers Union Coop. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 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. WebOluf Johnson, et al., Respondents, vs. Johnson v. Paynesville Farmers Union Coop. 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. art. 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. The regulation says nothing about what should happen if the residue testing shows less than five-percent contamination. Anderson v. State, Dep't of Natural Res., 693 N.W.2d 181, 186 (Minn. 2005). 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. Whether the Johnsons have alleged a viable claim for trespass is a question of law that we review de novo. address. 205, as the "organic food production law" of Minnesota). , 132 S.Ct. Prot. But nothing in our Wendinger analysis indicates that we intended the term "particulate matter" to define a unique category of physical substances that can never constitute a trespass. 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. We review a district court's denial of a motion to amend a complaint for an abuse of discretion. 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. 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 these identify at least potential bases to recover damages, see Highview N. Apartments v. Cnty. The Johnsons also allege that the pesticide drift constitutes negligence per se, asserting that the Cooperative violated Minn.Stat. 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. Hence, the district court did not err in dismissing respondents' nuisance and negligence per se claims based on section 205.202(b). 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. Elec. Willmar tribune. The district court also denied the Johnsons' motion to amend their complaint, reasoning that the claims arising from the 2008 overspray would fail for the same reasons the 2007-overspray claims failed. 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). See H. Christiansen & Sons Inc., 225 Minn. at 480, 31 N.W.2d at 27374; Sime, 213 Minn. at 481, 7 N.W.2d at 328. Website. 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. 205.202(b). A trespass claimant must prove two elements: the plaintiffs rightful possession and the defendant's unlawful entry. The Court noted that under 7 C.F.R. See Adams v. ClevelandCliffs Iron Co., 237 Mich.App. 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. 6511(c)(2). : (A10-1596, A10-2135) Decision Date: August 1, 2012 ~~~Date~~~ Brief of respondent Paynesville Farmers Union Cooperative Oil The district court therefore erred by concluding that the Johnsons' trespass claim fails as a matter of law. 205.202(b), and therefore that OCIA had discretion to decertify the Johnsons' fields. 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. 6511and the corresponding NOP regulation7 C.F.R. 11 For a similar case see Flansburgh v. 205.202(b), within the context of the focus of the Organic Foods Production Act of 1990, 7 U.S.C.S. Finally, they allege that Oluf Johnson suffers from cotton mouth, swollen throat and headaches when exposed to pesticide drift. Fabio v. Bellomo, 504 N.W.2d 758, 761 (Minn. 1993). 445 Minnesota Street, Suite 1400 . Rosenberg v. Heritage Renovations, LLC, 685 N.W.2d 320, 332 (Minn. 2004). 7 U.S.C. DLH, Inc. v. Russ, 566 N.W.2d 60, 71 (Minn. 1997). 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. 205.202(c) and 7 C.F.R. But if, as the Johnsons contend, any applicationincluding driftwere prohibited by section 205.202(b), then section 205.671 would be superfluous. Because the Johnsons' interpretation nullifies part of the OFPA and the NOP, that interpretation is not reasonable, and we decline to adopt it. 205.202(b) (2012). The district court granted summary judgment and dismissed the Johnsons' trespass, nuisance, and negligence per se claims. Arlo Vande Vegte (#112045) ARLO VANDE Claim this business. To guard against that result, the courts in both Bradley and Borland required that it be reasonably foreseeable that the intangible matter result in an invasion of plaintiff's possessory interest, and that the invasion caused substantial damages to the plaintiff's property. 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. 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. We recognize that the assumption has some support from the following general commentary on the regulation: National Organic Program, 65 Fed.Reg. Johnson, 802 N.W.2d at 38889. Under Minnesota trespass law, entry upon the land that interferes with the landowner's right to exclusive possession results in trespass whether that interference was reasonably foreseeable or whether it caused damages. It concluded that the claims arising from the 2005 overspray are time barred. Johnson v. Paynesville Farmers Union Cooperative Oil Co., 817 N.W.2d 693 (Minn. 2012). 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. 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. Under the plain language of 7 C.F.R. The Johnsons sought an injunction under the nuisance statute, Minnesota Statutes section 561.01. [h]ave had no prohibited substances . Id. Citizens for a Safe Grant v. Lone Oak Sportsmen's Club, Inc., 624 N.W.2d 796, 805 (Minn.App. 2(a)(1) (2010). 205.202(b), within the context of the OFPA's focus on regulating the practices of the producer of organic products, we conclude that this phrase unambiguously regulates behavior by the producer. applied to it for a period of 3 years immediately preceding harvest of the crop." 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. at 388. On July 3, 2008, the Johnsons reported another incident of alleged contamination to the MDA. Johnson v. Paynesville Farmers Union Coop. We have not specifically considered the question of whether particulate matter can result in a trespass. $250. 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. Minn.Stat. Yes. 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. Lee & Barry A. Lindahl, 4 Modern Tort Law: Liability and Litigation 38:1 (2d ed. The court of appeals reversed. 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. 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. Moreover, use of the passive voice generally indicates the focus of the language is whether something happenednot how or why it happened. Dean v. United States, 556 U.S. 568, 572, 129 S.Ct. Copyright 2023, Thomson Reuters. Before discussing the factual background of this case, it is helpful to briefly summarize the organic farming regulations at issue. See Rosenberg, 685 N.W.2d at 332. Please try again. Our conclusion that the district court properly dismissed the Johnsons' negligence per se and nuisance claims based on 7 C.F.R. 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. 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. Id. 6506(a)(4),(5). This site is protected by reCAPTCHA and the Google. The district court dismissed the Johnsons' nuisance and negligence per se claims because the court concluded that the Johnsons had not proven damages. We decline the Johnsons' invitation to abandon the traditional distinctions between trespass and nuisance law. Finally, because trespass is an intentional tort, reasonableness on the part of the defendant is not a defense to trespass liability. Our review of cases from other jurisdictions reveals that courts have abandoned the distinction between trespass and nuisance, at least in part, because courts generally favor allowing parties to vindicate wrongs and, in many jurisdictions, actions for trespass have a longer statute of limitations than actions for nuisance. at 297 (holding that shotgun pellets that landed on the plaintiff's property could constitute a trespass).7. As other courts have suggested, the same conduct may constitute both trespass and nuisance. Sign up for our free summaries and get the latest delivered directly to you. As discussed above, the Johnsons' 2007 trespass claim and claims based on 7 C.F.R. Make your practice more effective and efficient with Casetexts legal research suite. at 389. 369 So.2d 523, 525, 530 (Ala. 1979). Section 205.671 addresses the disqualifying level for unavoidable residual environmental contamination referenced in section 6511 of the OFPA. Minn.Stat. 205.202(b), fail as a matter of law, we reverse the court of appeals' reinstatement of those claims. The Johnsons sued the Cooperative on theories including trespass, nuisance, and negligence per se and sought damages and injunctive relief. 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. For instance, the J ohnsons' brief to the Court of Appeals argued that their right of possession was impacted by Paynesville Co-op's actions; but the facts alleged in support of this argument related only to alleged interference with the Johnsons' use of their land. 205.202(b), and therefore had no basis on which to seek an injunction. The district court concluded that the Johnsons' trespass claim failed as a matter of law, relying on the court of appeals decision in Wendinger v. Forst Farms Inc., 662 N.W.2d 546, 550 (Minn.App.2003), which held that Minnesota does not recognize trespass by particulate matter.5 The district court also concluded that all of the Johnsons' negligence per se and nuisance claims failed as a matter of law because the Johnsons lacked evidence of damages. 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. 205.671confirm this interpretation. To defeat a summary judgment motion, the opposing party must make a showing sufficient to establish each essential element. Aegis Insurance Services, Inc. v. 7 World Trade Co., L.P. Howell v. Hamilton Meats & Provisions, Inc. Thank you and the best of luck to you on your LSAT exam. In asking the Court to recognize a claim of trespass by . 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. The OFPA thus contemplates that organic products with some amount of prohibited substance residue on them may be marketed and sold as organic. However, if that person were to cause car exhaust, which presumably dissipates quickly in the air, to enter a person's land, it would seem that a trespass would not occur. But because the district court failed to consider whether the Johnsons' non trespass claims that were not based on 7 C.F.R. 802 N.W.2d at 390. Respondents Oluf and 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. 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. Oluf Johnson and Debra Johnson v. Paynesville Farmers Union Cooperative Oil Company. 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. PDF United States Court of Appeals The plaintiffs were organic farmers who alleged that Did to 7 C.F.R. . 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. Whereas that distinction may have been logical at times when science was not as precise as it is now, that distinction is not sound today. 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." Actual damages are not an element of the tort of trespass. Johnson v. Paynesville Farmers Union Coop. 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. Affirmed in part, reversed in part, and remanded. 205.100, .102 (describing which products can carry the organic label). 205.202(b) (2012), (2) economic damages because they had to destroy some crops, (3) inconvenience, and (4) adverse health effects. The district court granted summary judgment to Appellant and dismissed all of the Johnsons' claims. Oil Co., No. Johnson v. Paynesville Farmers Union Coop. But any such directive was inconsistent with the plain language of 7 C.F.R. 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. 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. Keeton, supra, 13 at 7172. 6501- 6523, and the associated federal regulations in NOP, 7 C.F.R. 6501(1). 802 N.W.2d at 391. The court of appeals reversed. The cooperative points to section 205.671 to urge a different holding. 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. 205.201; see also 205.272 (requiring the farmer to "implement measures necessary to prevent the commingling of organic and nonorganic products and protect organic products from contact with prohibited substances"). Web802 N.W.2d 383 - JOHNSON v. PAYNESVILLE FARMERS UNION CO-OP., Court of Appeals of Minnesota. (540) 454-8089. Final 2.docx - Final Research Case Brief Legal Research Doc Preview. Producers also must keep records for 5 years concerning the production of agricultural products sold as organically produced. 7 U.S.C. The MDA also reported that the chemicals diflufenzopyr and glyphosate were not present. The Johnsons' remedy for the certifying agent's error was an appeal of that determination because it was inconsistent with the OFPA. But there is no statute of limitations difference in Minnesota. Learn more about FindLaws newsletters, including our terms of use and privacy policy. It has also recognized that a landowner owes a general duty "to adjoining or nearby premises" and observed that the duty leads to "liability [being] regularly imposed in cases concerning pesticide spray that drifted and killed bees" on neighboring land. The court looked outside Minnesota to support the holding it reached.8 Id. 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. 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 [. 843, 136 L.Ed.2d 808 (1997). We therefore hold that the district court did not err in concluding that the Johnsons' trespass claim failed as a matter of law.10. WebJohnson v. Paynesville Farmers Union Cooperative Oil Co. EN. PLST. The district court dismissed the Johnsons' request for injunctive relief because it concluded that the Johnsons did not have a viable nuisance claim under 7 C.F.R. . Please check your email and confirm your registration. 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. 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. KidCloverButterfly14. We compared the odors in Wendinger to the "noxious fumes" that were emanating from a wastewater plant in Fagerlie v. City of Willmar, 435 N.W.2d 641, 644 n. 2 (Minn. App. 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. We therefore reverse the denial without prejudice for further consideration of the injunction on remand, offering no opinion about the merit of any other arguments for or against its issuance. 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 MDA investigated, found drift, and instructed the Johnsons to burn their contaminated alfalfa. Legal advice and headaches when exposed to pesticide drift constitutes negligence per se, that... Make your practice more effective and efficient with Casetexts legal Research suite error was an appeal of that determination it! 217 Minn. at 180, 14 N.W.2d at 486 CO-OP., court of Appeals of Minnesota ) the question whether! To 7 C.F.R supra, 50 at 95 ( footnotes omitted ) Oluf Johnson suffers cotton! Citizens for a Safe Grant v. Lone Oak Sportsmen 's Club, Inc. and are! 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