WebCase 1:15-cv-01632-LMB-IDD Document 22 Filed 04/25/16 Page 7 of 20 PageID# 272. See 7 U.S.C. 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. 5 were here. But there is no statute of limitations difference in Minnesota. We review the district court's decision whether to grant an injunction for abuse of discretion. Finally, because trespass is an intentional tort, reasonableness on the part of the defendant is not a defense to trespass liability. 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. 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 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 review a district court's denial of a motion to amend a complaint for an abuse of discretion. The Johnsons' claim is one for nuisance, not trespass. Annual Subscription ($175 / Year). Specifically, the court concluded that the Johnsons had no evidence of damages from any alleged drift because there is no evidence said drift caused [the Johnsons] to lose their organic certification and there is no evidence that [the Johnsons] could not still sell their crops as organic since the levels of prohibited substances were below the applicable tolerance levels. Based on this conclusion, the court granted the Cooperative summary judgment and dismissed the Johnsons' nuisance and negligence per se claims. They asserted that they had to remove some fields from production. There would accordingly be no organic crops left that would be covered under section 205.671 of the NOP or 7 U.S.C. E .g., In re Cities of Annandale & Maple Lake, 731 N.W.2d 502, 516 (Minn.2007) (considering whether a federal regulation was ambiguous). 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. (holding that Minnesota law "has not recognized trespass by particulate matter"); The American Heritage Dictionary of the English Language 1282 (4th ed. 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)). In response to this MDA directive, the Johnsons destroyed approximately 10 acres of their soybean crop. Petition for writ 4 BACKGROUND2 I. 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. The Johnsons also allege that the pesticide drift constitutes negligence per se, asserting that the Cooperative violated Minn.Stat. A10-1596, A10-2135 (Minn. Aug. 1, 2012). 205.202(b). See 7 U.S.C. Our case law is consistent with this traditional formulation of trespass because we have recognized that a trespass can occur when a person or tangible object enters the plaintiff's land.6 See Victor v. Sell, 301 Minn. 309, 31314 n. 1, 222 N.W.2d 337, 340 n. 1 (1974) ( One is subject to liability to another for trespass, irrespective of whether he thereby causes harm to any legally protected interest of the other, if he intentionally enters land in the possession of the other, or causes a thing or a third person to do so (quoting with approval the Restatement (Second) of Torts 158 (1965))); Greenwood, 220 Minn. at 31112, 19 N.W.2d at 73435 (recognizing that trespass can occur when water floods onto the plaintiff's land); Whittaker, 100 Minn. at 391, 111 N.W. 205.202(b) (2012) cover instances of pesticide drift, thereby, justifying certain of plaintiff organic farmers Johnsons nuisance and negligence per se claims for damages? The Supreme Court (1) concluded that the Johnsons' trespass claim and claim for damages based on 7 C.F.R. This formulation of trespass, however, conflicts with our precedent defining the elements of trespass. And because the court concluded that the Johnsons' claims arising from the 2008 incidents would necessarily fail as a matter of law under the same analysis, the court denied the Johnsons' motion to amend their complaint to include claims based on the 2008 incidents. W. Page Keeton et al., Prosser & Keeton on the Law of Torts, 13, at 70 (5th ed.1984). 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. 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. 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. 6511(c)(2). 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. 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. Johnson v. Paynesville Farmers Union Coop. Because these regulations specifically include unintended applications and drift as types of applications, the Johnsons argue that the phrase applied to it in section 205.202(b) must similarly be read to include the Cooperative's pesticide drift. 104 Wash.2d 677, 709 P.2d 782, 786-90 (1985). WebMinnesota.gov Portal / mn.gov // Minnesota's State Portal 205.671confirm this interpretation. For its part, the Cooperative argues that the phrase applied to it in 7 C.F.R. Farmers Union Co Op No 2 Lot F26 Davenport 2015 Farmers union Plaintiffs were farmers who grew organic crops. 205.202(b), fail as a matter of law. For the reasons that follow, we conclude that the conduct about which the Johnsons complain does not constitute a trespass in Minnesota. Oluf JOHNSON, et al., Respondents, v. PAYNESVILLE FARMERS UNION COOPERATIVE OIL COMPANY, Appellant. 205 (2012) (NOP). 2. But because the district court failed to consider whether the Johnsons' non trespass claims that were not based on 7 C.F.R. 2003), review denied (Minn. Aug. 5, 2003). 7 C.F.R. And we have held that errant bullets shot onto another's property constitutes a trespass. Whether the Johnsons have alleged a viable claim for trespass is a question of law that we review de novo. 205.202(b), before dismissing all of the Johnsons' claims, and that the district court had abused its discretion in denying the Johnsons' motion to amend their complaint to include claims based on the 2008 incidents. The cooperative oversprayed adjacent fields again in 2005 and the Johnsons again contacted the MDA. 205.400(f)(1). 6504, 6513. 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. We remand for further proceedings arising from the reversal. In re NCAA Student-Athlete Names & Likeness Licensing Litigation. In deciding whether the regulation is ambiguous, however, we do not construe the regulation in isolation. Remanded. While the district court, both parties, and the court of appeals characterize the dismissal as one based on a lack of prima facie evidence of damages, the Johnsons clearly made a prima facie showing of damages; they actually took their soybean field back to the beginning of the 3year transition period and lost the opportunity to market crops from that field as organic during that time period. 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. You can opt out at any time by clicking the unsubscribe link in our newsletter. art. 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). 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 80,548, 80,556 (Dec. 21, 2000) (codified at 7 C.F.R. 205.202(b), remains viable. This Court evaluated the issue by discussing the nature and purpose oftrespasslaw which is to prevent the intentional interference with rights of exclusive possession. The court of appeals also concluded that the district court erred in failing to separately analyze or discuss the Johnsons' claims that were not based on trespass or on 7 C.F.R. This site is protected by reCAPTCHA and the Google. Elec. 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. Some pesticides drifted onto and contaminated plaintiffs organic fields and organic products. More. I disagree with the breadth of the court's holding. 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. 6511. Traditionally, trespasses are distinct from nuisances: [t]he law of nuisance deals with indirect or intangible interference with an owner's use and enjoyment of land, while trespass deals with direct and tangible interferences with the right to exclusive possession of land. Dobbs, supra, 50 at 96. The MDA concluded that drift from the Cooperative's spraying caused both of the positive test results. 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. 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. 13, at 71. Section 205.671 addresses the disqualifying level for unavoidable residual environmental contamination referenced in section 6511 of the OFPA. 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. Id. Filed: August 1, 2012 . As to the negligence per se and nuisance claims based on 7 C.F.R. The MDA did not observe any plant injury to the alfalfa field or plants, grass and weeds, but chemical testing revealed the presence, at minimal levels, of chloropyrifos, the active ingredient in another pesticide, Lorsban Advanced. In addition to losing the tainted alfalfa, the Johnsons could not grow anything on the burn spot and took the contaminated field out of organic production for three years. at 297 (holding that shotgun pellets that landed on the plaintiff's property could constitute a trespass).7. 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. 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. 31.925 (2010) (adopting the OFPA and the NOP as the organic food production law and rules in this state). The court of appeals reversed. And because there was discretion to decertify, the court of appeals concluded that the Johnsons had offered sufficient evidence to survive summary judgment. Greenwood v. Evergreen Mines Co., 220 Minn. 296, 31112, 19 N.W.2d 726, 73435 (1945) (water); Whittaker v. Stangvick, 100 Minn. 386, 391, 111 N.W. JOHNSON v. PAYNESVILLE FARMERS UNION COOPERATIVE OIL COMPANY. It concluded that the claims arising from the 2005 overspray are time barred. Stay up-to-date with how the law affects your life. Because the Johnsons' interpretation nullifies part of the OFPA and the NOP, that interpretation is not reasonable, and we decline to adopt it. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. 205.202(b), the court of appeals disagreed with the district court's interpretation of the NOP regulations. 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). Despite the Johnsons' requests, in 1998, 2002, 2005, 2007, and 2008, the cooperative sprayed pesticide and herbicide on fields adjacent to theirs in a manner that violated Minnesota law, causing chemicals to land on the Johnsons' farm. In this case, the court concludes that the OFPA's focus on producers and handlers of organic products informs its interpretation that applied to in section 205.202(b) refers only to application of pesticides by the organic farmer. 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. Regarding the Johnsons' negligence per se claim, we have recognized that negligence per se is a form of ordinary negligence that results from violation of a statute. Anderson, 693 N.W.2d at 189 (quoting Seim v. Garavalia, 306 N.W.2d 806, 810 (Minn.1981)). For example, producers must prepare a plan for the operation of their farms in order to obtain certification to sell their products as organic. Red River Spray Service, Inc. v. Nelson, 404 N.W.2d 332, 334 (Minn.App. 843, 136 L.Ed.2d 808 (1997). The MDA also reported that the chemicals diflufenzopyr and glyphosate were not present. Claim this business. Defendants pesticide drifted and contaminated plaintiffs organic fields. The court of appeals held that the phrase applied to it in section 205.202(b) included situations in which pesticides unintentionally came into contact with organic fields. Id. The district court therefore erred by concluding that the Johnsons' trespass claim fails as a matter of law. (540) 454-8089. WebCase brief Johnson .docx 3 pages Question 1- quiz.docx 1 pages PLST 201 Internet Assignment #3.docx 10 pages Final Research Project PLST 201.docx 2 pages garratt v dailey case brief.docx 10 pages Final Research Project - Copy.docx 2 pages Minn Minors.docx 1 pages Statutory Research Assignment plst 201 #1.docx 2 pages Case 2d 693 (2012) Parties: Oluf Johnson, Respondent, Paynesville 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. And in order to receive certification, a producer must comply with the NOP. 6511(a). The Johnsons' remedy for the certifying agent's error was an appeal of that determination because it was inconsistent with the OFPA. In April 2010, the Johnsons moved to amend their complaint to include damages from the 2008 incidents. This determination was based on the court's conclusion that because there was no evidence that any chemical on the Johnsons' crops exceeded the 5 percent tolerance level in 7 C.F.R. The Cooperative's pesticide drift therefore could not proximately cause the Johnsons' soybean field to be taken out of organic production for 3 years. https://casetext.com/case/johnson-v-paynesville-farmers-union-coop-oil-co See Burlington N. & Santa Fe Ry. 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. In other words, the Johnsons did not market soybeans harvested from this field as organic for an additional 3 years. , 132 S.Ct. 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. When people or tangible objects enter the plaintiff's land without permission, these entries disturb the landowner's right to exclusively possess her land. 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. 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. 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. The Johnsons reported another incident of drift on August 1, 2008. We reverse the dismissal of their nuisance and negligence-per-se claims because the dismissal resulted from a misreading of the five-percent-contaminant regulation and the consequently erroneous holding that the Johnsons failed as a matter of law to show any damages. Johnson v. Paynesville Farmers Union Coop. 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. But any such directive was inconsistent with the plain language of 7 C.F.R. The Johnsons appeal. In order to resolve the interpretation question presented, we must construe the regulation at issue7 C.F.R. See, e.g., Sime, 213 Minn. at 481, 7 N.W.2d at 328. Minn.Stat. 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. St. Paul, MN 55101-2134 (651) 757-1468 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. 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. We hold that the phrase "applied to" in section 205.202(b) includes drift as an unintentional application of pesticide. See Johnson, 802 N.W.2d at 389. Smelting & Ref. In asking the Court to recognize a claim of trespass by . Oluf Johnson complained to the cooperative after the 1998 incident, and it apologized, promising to "make it right." To prove a negligence claim, the plaintiff must show that the defendant breached a duty of care that proximately caused the plaintiff damage. 1987). After receiving these test results, the Johnsons took the affected alfalfa field out of organic production for an additional 3 years. They sought damages and a permanent injunction prohibiting the Cooperative from spraying pesticides within a half mile of the Johnsons' fields.3 The Johnsons claimed the following types of damages: (1) loss of profits because they had to take the fields onto which pesticide drifted out of organic production for 3 years; (2) loss of profits because they had to destroy approximately 10 acres of soybeans; (3) inconvenience due to increased weeding, pollution remediation, and NOP reporting responsibilities; and (4) adverse health effects. W. Page Keeton et al., Respondents, v. 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