johnson v paynesville farmers union case brief

Section 205.671 provides that a crop cannot be sold as organic [w]hen residue testing detects prohibited substances at levels that are greater than 5 percent of the Environmental Protection Agency's [EPA] tolerance for the specific residue. 7 C.F.R. Minn. R. Civ. 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. 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). The Johnsons' remedy for the certifying agent's error was an appeal of that determination because it was inconsistent with the OFPA. 709 P.2d at 784, 790. The MDA found that the cooperative repeatedly applied pesticide on windy days. Instead of focusing on the intangible nature of pesticide drift, the court of appeals focused on the harm caused by it, stating that pesticide drift will affect the composition of the land. Id. The Johnsons sought a permanent injunction under the nuisance statute, Minn.Stat. In both cases, the court of appeals held that such invasions do not, as a matter of law, constitute trespass. Id. 295 (1907)). And they alleged that the overspray forced them to destroy some of their crops. See Minn. Stat. Oluf Johnson complained to the cooperative after the 1998 incident, and it apologized, promising to "make it right." 86, 342 P.2d 790, 793 (Or.1959) (suggesting that one explanation for the historical adherence to a distinction between tangible and intangible invasions of land was that science had not yet peered into the molecular and atomic world of small particles). 18B.07, subd. of Ramsey, 323 N.W.2d 65, 71 (Minn.1982).9. Don't Miss Important Points of Law with BARBRI Outlines (Login Required). We need not address the cooperative's plausible assertion that incidental and negligible overspray during agricultural application is inevitable, and therefore not actionable. (540) 454-8089. Simply put, the policy concerns that have compelled other jurisdictions to abandon the traditional view of trespass are not present in Minnesota. We hold that it can. See id. However, this burden on property owner is inconsistent with the purpose oftrespasslaw which is to protect the unconditional right of property owners even when no damages are provable. 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." We conclude that they did not. Johnson, 802 N.W.2d at 39091. 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. 323 N.W.2d 65, 73 (Minn.1982). The phrase "applied to" is not defined in the regulations, but we hold that it implicitly includes unintentional pesticide drift. 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. 369 So.2d 523, 525, 530 (Ala. 1979). 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. 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 Oluf Johnson complained to the Minnesota Department of Agriculture (MDA) after the 2002 overspray. 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. Use this button to switch between dark and light mode. 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. We review a district court's denial of a motion to amend a complaint for an abuse of discretion. Johnson v. Paynesville Farmers Union Coop. American organic farming is regulated by the Organic Foods Production Act of 1990, 7 U.S.C. Should the agent determine that the residue came from the intentional application of a prohibited substance, the product may not be sold as organic. More. Johnson again contacted the MDA, and after investigating the MDA required Johnson to plow under a 175-foot wide strip of soybeans running the entire length of his field. Minnesota has adopted the OFPA and the NOP as its state organic farming law. The Johnsons sued Appellant on theories including trespass, nuisance, and negligence per se, seeking damages and injunctive relief. 7 C.F.R. 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. 205.671, the Johnsons could have sold their crops as organic and therefore the Johnsons did not prove damages. For the purposes of this appeal from summary judgment, we assume the following facts, which we perceive to be either undisputed or the reasonable inferences of disputed facts construed in the light most favorable to the Johnsons as the nonmoving parties. Office of Appellate Courts . 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. WebFinal Research Paper Case Brief 1 Citation: Johnson v. Paynesville Farmers Union Co-op Oil Comp., 817 N.W. The distinction between trespass and nuisance should not be based on whether the object invading the land is tangible or intangible. 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. 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"). 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. See Weston v. McWilliams Assocs., Inc., 716 N.W.2d 634, 638 (Minn. 2006). He specifically asked the cooperative to take precautions to avoid overspraying pesticide onto his fields when treating adjacent fields. 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 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. The court looked outside Minnesota to support the holding it reached.8 Id. 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 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. ] 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. And the defendant's entry must be done by means of some physical, tangible agency in order to constitute a trespass. 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. 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. 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. 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. 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. 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. A district court should permit amendments unless it finds that the adverse party would be prejudiced. Haley v. Forcelle, 669 N.W.2d 48, 55 (Minn.App. That section states only that if "residue testing detects prohibited substances at levels that are greater than 5 percent of the Environ-mental Protection Agency's tolerance for the specific residue detected or unavoidable residual environmental contamination, the agricultural product must not be sold, labeled, or represented as organically produced." In re NCAA Student-Athlete Names & Likeness Licensing Litigation. WebLeesburg Farmers Market. Kevin F. Gray, Matthew W. Moehrle, Rajkowski Hansmeier, Ltd., St. Johnson, 802 N.W.2d at 390. Johnson v. Paynesville Farmers Union Cooperative Oil Co., 817 N.W.2d 693 (Minn. 2012). Johnson v. Paynesville Farmers Union Coop. As discussed above, the Johnsons' 2007 trespass claim and claims based on 7 C.F.R. at 388. But the court of appeals reversed, holding that the phrase applied to it implicitly includes unintentional pesticide drift, and that therefore OCIA had discretion to decertify the Johnsons' soybean field under section 205.202(b). WebCase 1:15-cv-01632-LMB-IDD Document 22 Filed 04/25/16 Page 7 of 20 PageID# 272. at 38889 (citing Borland v. Sanders Lead Co., 369 So.2d 523 (Ala.1979); Bradley v. Am. Oil Co. Johnson v. Paynesville Farmers Union Coop. Plaintiffs were farmers who grew organic crops. Smelting & Ref. The Johnsons also allege that the pesticide drift constitutes negligence per se, asserting that the Cooperative violated Minn.Stat. 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.). PDF United States Court of Appeals The plaintiffs were organic farmers who alleged that 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. art. (540) 454-8089. WebCase Brief (19,519) Case Opinion (20,322) Johnson v. Paynesville Farmers Union Coop. Every Bundle includes the complete text from each of the titles below: PLUS: Hundreds of law school topic-related videos from This conclusion flies in the face of our rules of construction as well as common sense. 6511(c)(1). He also notified commercial pesticide sprayer Paynseville Farmers Union Cooperative Oil Company of the transition. The Johnsons sued the Cooperative on theories including trespass, nuisance, and negligence per se and sought damages and injunctive relief. 205.202(b) (2012). Highview, 323 N.W.2d at 73. Oil Co., No. 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. WebCase Brief (19,287) Case Opinion (19,683) Johnson v. Paynesville Farmers Union Coop. 1989). KidCloverButterfly14. 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. 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. Producers also must keep records for 5 years concerning the production of agricultural products sold as organically produced. 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 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. This site is protected by reCAPTCHA and the Google. 7 U.S.C. Fabio v. Bellomo, 504 N.W.2d 758, 761 (Minn. 1993). 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. 369 So.2d at 52526. See, e.g., Martin v. Reynolds Metals Co., 221 Or. 6501-6523 (2006) (OFPA), on regulating the practices of the producer of organic products, the phrase unambiguously regulates behavior by the producer. We consider each of these issues in turn. 7 C.F.R. Affirmed in part, reversed in part, and remanded. I also dissent from the court's interpretation of 7 C.F.R. 205.202(b), we hold that the district court abused its discretion by denying the motion to amend without first considering whether such amended claims could survive summary judgment. Thank you and the best of luck to you on your LSAT exam. Plaintiffs sued defendant fortrespass. To the extent that the Johnsons' proposed amended complaint includes such claims, the district court properly denied the Johnsons' motion to amend. 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 All rights reserved. The district court adopted the interpretation of the NOP regulation that the Cooperative advances. 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. 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. You can opt out at any time by clicking the unsubscribe link in our newsletter. 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. 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." 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 regulations require farmers to develop detailed production and handling practices that prevent the commingling of organic and nonorganic foods. 6511(c)(2)(A) (prohibiting the sale of a product as organic if, upon inspection, it is determined that pesticide or nonorganic residue is present as a result of intentional application of a prohibited substance). In order to resolve the interpretation question presented, we must construe the regulation at issue7 C.F.R. 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, e.g., Caraco Pharm. We agree with the district court that section 205.202(b) does not regulate the Cooperative's pesticide drift. $250. 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. Because we conclude that the Johnsons' trespass claim and claims for damages based on 7 C.F.R. Case opinion for MN Court of Appeals Oluf Johnson, et al., Appellants, v. Paynesville Farmers Union Cooperative Oil Company, Respondent.. et al., Appellants, v. Paynesville Farmers Union Cooperative Oil Company, Respondent. 205 .202(b). 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). WebPaynesville Farmers Union Coop. 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 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 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). (holding that Minnesota law "has not recognized trespass by particulate matter"); The American Heritage Dictionary of the English Language 1282 (4th ed. See Flom v. Flom, 291 N.W.2d 914, 917 (Minn.1980) (noting that to satisfy the element of proximate cause there must be a showing that the defendant's conduct was a substantial factor in bringing about the injury). "Summary judgment is appropriate when the evidence, viewed in the light most favorable to the nonmoving party, shows that there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law." 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. 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. Minnesota Attorney Generals Office . The distinct language in section 205.202(b) is striking in comparison to these provisions. Johnson v. Paynesville Farmers Union Coop. WebPaynesville Farmers Union Cooperative Oil Company :: Supreme Court of the United States :: Administrative Proceeding No. 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 forged new ground in this case and extended Minnesota trespass jurisprudence when it held that a trespass could occur through the entry of intangible objects, such as the particulate matter at issue here. 7 U.S.C. New York - August 11, 2011 . Retired judge of the Minnesota Court of Appeals, serving by appointment pursuant to Minn. Const. A10-1596& A10-2135 State of Minnesota Supreme Court Oluf Johnson and Debra Johnson, vs. Paynesville Farmers Union Cooperative Oil Company, APPELLANT'S BRIEF AND ADDENDUM Date of Filing of Court of Appeals Decision: July 25, 2011 Kevin F. Gray (#185516) Respondents, Appellant. First, the language of section 205.202(b) is silent with respect to who applied the prohibited substances. 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. 7 U.S.C. 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 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. 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. 65016523 (2006) (OFPA), and the associated federal regulations in the National Organic Program, 7 C.F.R. The district court granted summary judgment to Appellant and dismissed all of the Johnsons' claims. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. The compliance provision in the OFPA statute7 U.S.C. On July 3, 2008, the Johnsons reported another incident of alleged contamination to the MDA. Defendant claimed that the invasion of particulate matter does not constitute atrespassin Minnesota as a matter of law. 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 Johnsons appeal. The history of the United States government constitutes the formation, growth, development, and evolution of the federal government of the United States, including the constitution, the United States Code, the office of the presidency, the executive departments and agencies, Congress, the Supreme Court, and the lower federal courts.It 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. 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. 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. Oluf JOHNSON, et al., Respondents, v. PAYNESVILLE FARMERS UNION COOPERATIVE OIL COMPANY, Appellant. The proper distinction between trespass and nuisance should be the nature of the property interest affected. Elec. 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. at 550. We first address the district court's conclusion that chemical pesticide drift cannot constitute a trespass. But if, as the Johnsons contend, any applicationincluding driftwere prohibited by section 205.202(b), then section 205.671 would be superfluous. The cooperative oversprayed adjacent fields again in 2005 and the Johnsons again contacted the MDA. 6511(c)(2)(B). 205.400. 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. 6503(a) (directing the Secretary of Agriculture to establish an organic certification program for producers and handlers of agricultural products). Minn.Stat. Here, the district court concluded that the Johnsons' amendments adding the 2008 claims would not withstand summary judgment for the same reasons that the 2007 claims for trespass, negligence per se, and nuisance failed. If the agent determines that a product intended to be sold as organic contains any [detectible] pesticide, the producer may be required to prove that any prohibited substance was not applied to that product. The email address cannot be subscribed. The court's reading makes no sense because no matter who applies the prohibited pesticide and no matter how the pesticide is applied, whether by drift or otherwise, the end product will be no less contaminated and no less in violation of regulations limiting such contamination. Chemical Spray If the land is under lease, the lessee might be the person who has 774 F.3d 1185 - DRB NO. We disagree. And because there was discretion to decertify, the court of appeals concluded that the Johnsons had offered sufficient evidence to survive summary judgment. 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