6511. 205.202(b), and therefore that OCIA had discretion to decertify the Johnsons' fields. 205.202(b) (2012). 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. 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. 541.07(7) (2010) (creating a 2year statute of limitations for all tort claims against pesticide applicators). But if, as the Johnsons contend, any applicationincluding driftwere prohibited by section 205.202(b), then section 205.671 would be superfluous. 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). 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. Oil Co., No. With this regulatory scheme in mind, we turn to the incidents that gave rise to this lawsuit. 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 . Finally, because trespass is an intentional tort, reasonableness on the part of the defendant is not a defense to trespass liability. See, e.g., Martin v. Reynolds Metals Co., 221 Or. Chemical Spray If the land is under lease, the lessee might be the person who has 774 F.3d 1185 - DRB NO. 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. After a hearing, the district court granted the Cooperative summary judgment on all of the Johnsons' claims, denied the Johnsons' motion to amend, and vacated the temporary injunction.4. We review the district court's decision whether to grant an injunction for abuse of discretion. 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. WebCase 1:15-cv-01632-LMB-IDD Document 22 Filed 04/25/16 Page 7 of 20 PageID# 272. To the extent that the court of appeals' decision would reinstate those claims and allow the Johnsons to amend their complaint to include those claims for the 2008 incidents of pesticide drift, we reverse. For the reasons that follow, we conclude that the conduct about which the Johnsons complain does not constitute a trespass in Minnesota. When people or tangible objects enter the plaintiff's land without permission, these entries disturb the landowner's right to exclusively possess her land. 205.202(b), unambiguously means that the organic farmer intentionally applied the prohibited substance to the field. App., decided July 25, 2011). 1998), review denied (Minn. Dec. 15, 1998). In sum, we disagree with the district court that chemical pesticide drift cannot, because of its nature, constitute a trespass. at 550. American organic farming is regulated by the Organic Foods Production Act of 1990, 7 U.S.C. 205.203(c) (2012) (The producer must manage plant and animal materials). They asserted that they had to remove some fields from production. The distinction between trespass and nuisance should not be based on whether the object invading the land is tangible or intangible. 6501-6523 (2006) (OFPA), on regulating the practices of the producer of organic products, the phrase unambiguously regulates behavior by the producer. Producers also must keep records for 5 years concerning the production of agricultural products sold as organically produced. 7 U.S.C. 205.200 (2012) (The producer or handler must comply with the applicable provisions); 7 C.F.R. 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. The court looked outside Minnesota to support the holding it reached.8 Id. 32 Catoctin Cir SE Leesburg VA 20175. 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. 2. It concluded that the claims arising from the 2005 overspray are time barred. We hold that it can. 6511(c)(2)(A) (2006) would not prohibit the product's sale as an organic product because the producer had not applied the prohibited pesticide. WebJohnson v. Paynesville Farmers Union Cooperative Oil Co. EN. 7 C.F.R. The Environmental Protection Agency defines particulate matter as a complex mixture of extremely small particles and liquid droplets made up of a number of components, including acids (such as nitrates and sulfates), organic chemicals, metals, and soil or dust particles. United States Envtl. 369 So.2d 523, 525, 530 (Ala. 1979). 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. 6504(2). The court of appeals reversed. Fabio v. Bellomo, 504 N.W.2d 758, 761 (Minn. 1993). _____ Arlo H. Vande On July 3, 2008, the Johnsons reported another incident of alleged contamination to the MDA. 205.202(c) and 7 C.F.R. See id. 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 court of appeals reversed. We review the district court's denial of a party's motion to amend a complaint for abuse of discretion. The district court relied on a phrase in our decision in Wendinger and dismissed the trespass claim, but we think the district court read too much into our specific wording in that case. The compliance provision requires, as a way to enforce the requirements in the OFPA, that the certifying agent utilize a system of residue testing to test products sold as organically produced. 7 U.S.C. 205, as the "organic food production law" of Minnesota). Oil Co., 802 N.W.2d 383 (Minn.App.2011). But because the district court failed to consider whether the Johnsons' non trespass claims that were not based on 7 C.F.R. 7 C.F.R. Section 205.671 addresses the disqualifying level for unavoidable residual environmental contamination referenced in section 6511 of the OFPA. 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. Oluf Johnson complained to the cooperative after the 1998 incident, and it apologized, promising to "make it right." 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. 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. Plaintiffs brought actions ontrespass,nuisanceandnegligence per se. But the Johnsons argue that Bradley and Borland reflect the modern view of trespass and urge us to likewise abandon the traditional distinctions between trespass and nuisance when considering invasions by particulate matter. The regulation says nothing about what should happen if the residue testing shows less than five-percent contamination. Johnson v. Paynesville Farmers Union Coop. The operative regulation here requires that "[a]ny field or farm parcel from which harvested crops are intended to be sold, labeled, or represented as `organic' must . We remand for further proceedings arising from the reversal. The court of appeals reversed and remanded. Finally, they allege that Oluf Johnson suffers from cotton mouth, swollen throat and headaches when exposed to pesticide drift. 442 (1917) (noting that when the meaning of a statute is plain the sole function of the courts is to enforce it according to its terms). As to the negligence per se and nuisance claims based on 7 C.F.R. 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. Because Bradley and Borland require a showing of reasonable foreseeability and substantial damages, they essentially disregard the traditional understanding of trespass under Minnesota law, and they are in reality, examples of either the tort of private nuisance or liability for harm resulting from negligence and not trespass cases at all. It is the right of the owner in possession to exclusive possession that is protected by an action for trespass. See Exelon Generation Co. LLC v. Local 15 Int'l Bhd. 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 But section 205.202(b) does not regulate drift; instead, it provides that prohibited substances are not to be applied to organic fields. 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. 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. Because these identify at least potential bases to recover damages, see Highview N. Apartments v. Cnty. 6508(a). He smelled chemicals in the air over his field, leaving him with "cottonmouth, headache and nausea" and his wife a headache and nausea. We begin with a discussion of the tort of trespass. Before discussing the factual background of this case, it is helpful to briefly summarize the organic farming regulations at issue. Contact us. 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. We have previously held that invasion by water constitutes a trespass and invasion by a bullet constitutes a trespass. For example, if someone causes harmful dust to enter a person's land and that dust settles on the person's land and interferes with the owner's possession of the land, it would seem that a trespass has occurred. Section 205.400 confirms that when the NOP regulates drift, that intention is made explicitly clear. I also dissent from the court's interpretation of 7 C.F.R. We hold that the phrase "applied to" in section 205.202(b) includes drift as an unintentional application of pesticide. Copyright 2023, Thomson Reuters. 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. He plowed part of the alfalfa field under because it was "becoming choked with weeds and the alfalfa was very sick and poor.". 2003), review denied (Minn. Nov. 25, 2003). 205.203(b) (2012) (The producer must manage crop nutrients and soil fertility); 7 C.F.R. 31.925 (2010) (adopting the OFPA and the NOP as the organic food production law and rules in this state). 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. 205.202(b), does not, however, end our analysis of those claims. 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. Yes. Having concluded that the Johnsons' trespass claim fails as a matter of law, we turn next to their nuisance and negligence per se claims. 6511(c)(1). 6503(d) (stating that the OFPA is implemented by certifying agents authorized through the Secretary of Agriculture); 7 C.F.R. 65016523 (2006) (OFPA), and the associated federal regulations in the National Organic Program, 7 C.F.R. 205.201(a) (2012) (The producer or handler must develop an organic production or handling system plan); 7 C.F.R. Office of Appellate Courts . 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. 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. 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.). 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. A10-1596, A10-2135 (July Paynesville Farmers Union Cooperative Oil Company, Appellant. The Johnsons' claim is one for nuisance, not trespass. 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. Labs., Ltd. v. Novo Nordisk A/S, U.S. Website. In other words, the Johnsons did not market soybeans harvested from this field as organic for an additional 3 years. 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. 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. 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. 13, at 71. . And because the presence of pesticide on the Johnsons' fields allegedly caused those fields to be decertified, the court of appeals held that the Johnsons had viable claims for damages based on 7 C.F.R. "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." 80,548, 80,556 (Dec. 21, 2000) (codified at 7 C.F.R. Id. 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. In January 2009, the Johnsons sued the cooperative for the 2005 and 2007 incidents. Oil Co. Johnson v. Paynesville Farmers Union Coop. The use of different words in the two provisions supports the conclusion that the sections address different behavior. Because the Johnsons' interpretation nullifies part of the OFPA and the NOP, that interpretation is not reasonable, and we decline to adopt it. WebFinal Research Paper Case Brief 1 Citation: Johnson v. Paynesville Farmers Union Co-op Oil Comp., 817 N.W. 7 U.S.C. 7 C.F.R. See Weston v. McWilliams Assocs., Inc., 716 N.W.2d 634, 638 (Minn. 2006). Because we conclude that the Johnsons' trespass claim and claims for damages based on 7 C.F.R. In terms of size, the largest inhalable coarse particles are 10 micrometers in diameter; that is one-seventh the diameter of a strand of human hair. : (A10-1596, A10-2135) Decision Date: August 1, 2012 ~~~Date~~~ Brief of respondent Paynesville Farmers Union Cooperative Oil Because the district court erroneously concluded that the John-sons' 2007 claims cannot withstand summary judgment, the district court erred by refusing to allow the Johnsons to amend their complaint to add the claims related to the 2008 overspray. WebAssistant Attorneys General . We need not address the cooperative's plausible assertion that incidental and negligible overspray during agricultural application is inevitable, and therefore not actionable. 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). 802 N.W.2d at 390. Total views 3. But there is no statute of limitations difference in Minnesota. 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). Considered and decided by ROSS, Presiding Judge; STAUBER, Judge; and HARTEN, Judge. The Johnsons contend that the phrase applied to it in the regulation, read in conjunction with other sections of the NOP, means that any application of pesticides to a field, whether intentional or not, requires that the field be taken out of organic production for 3 years.11 Based on this reading, the Johnsons assert that they were required to take their soybean field back to the beginning of the 3year transition period because of the 2007 pesticide drift.12 As a result, the Johnsons claim they lost the ability to market crops from that field as organic, and therefore lost the opportunity to seek the premium prices commanded by organic products. A district court should allow amendment unless the adverse party would be prejudiced, Fabio v. Bellomo, 504 N.W.2d 758, 761 (Minn.1993), but the court does not abuse its discretion when it disallows an amendment where the proposed amended claim could not survive summary judgment, Rosenberg, 685 N.W.2d at 332. Id. Foods, Inc. v. Cnty. Appeal from the District Court, Stearns County, Kris Davick-Halfen, J. Arlo H. Vande Vegte, Arlo H. Vande Vegte, P.A., Plymouth, MN, for appellants. 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. 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. 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. 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. 18B.07, subd. Generally, both trespass and nuisance have a 6year statute of limitations. Under these guidelines, if a prohibited substance is detected on a product sold or labeled as organic, the certifying agent must conduct an investigation to determine whether there has been a violation of the federal requirements. The court reversed the Court of Appeal in part and affirmed in part and remanded the case to the trial court to determine thenuisanceclaim. The Johnsons' claim is that the Cooperative's actions have prevented them from using their land as an organic farm, not that any action of the Cooperative has prevented the Johnsons from possessing any part of their land. The states may adopt the federal standards or they may impose more restrictive requirements governing products sold as organic. 205.202(b), fail as a matter of law and therefore amending the complaint to include identical claims based on the 2008 incidents would be futile. 7 U.S.C. Anderson v. State, Dep't of Natural Res., 693 N.W.2d 181, 186 (Minn. 2005). The compliance provision in the OFPA statute7 U.S.C. 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). Highview, 323 N.W.2d at 73. In doing so, it found that there was no harm to the Johnsons and no "wrongful conduct" by the cooperative. Annual Subscription ($175 / Year). 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). 6521(a). James A. Henderson, Jr. et al., The Torts Process 386 (7th ed.2007). To the extent that the Johnsons' proposed amended complaint includes such claims, the district court properly denied the Johnsons' motion to amend. 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. Johnson, 802 N.W.2d at 39091. . 561.01. Johnson v. Paynesville Farmers Union Coop. 7 U.S.C. If the intrusion interferes with the right to exclusive possession of property, the law of trespass applies. As the Johnsons read section 205.202(b), any amount of pesticide, no matter how it came into contact with the field, would require that the field be taken out of organic production for 3 years. 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. You have successfully signed up to receive the Casebriefs newsletter. We hold that pesticide drifting from one farm to another may in some circumstances constitute a trespass. 6511(c)(1). Remanded. 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.). 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. Domagala v. Rolland, 805 N.W.2d 14, 22 (Minn.2011). 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