Order Online. 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. 802 N.W.2d at 39192. The Johnsons argue that they had to remove certain fields from organic production for 3 years because pesticides were applied to those fields in violation of 7 C.F.R. 205.202(b). In April 2010, the Johnsons moved to amend their complaint to include damages from the 2008 incidents. Casebriefs is concerned with your security, please complete the following, Introduction to Negligence, Intentional Infliction of Emotional Distress, Elements of Negligence, Duty to Protect from third persons: Defendants relationship with the third person, Introduction to Products Liability, Design Defects, Introduction to Products Liability, Warning or informational defects, Introduction to Negligence, Elements of Negligence, Compensatory and Punitive Damages, Introduction to negligence, elements of negligence, negligence per se, Introduction to defamation, Intentional infliction of emotional distress, privileges and defenses to defamation, Intentional Infliction of Emotional Distress, Introduction to Professional and Medical Liability, Voluntariness, Duty Arising From a Promise Undertaking or Relationship, Invasion of Privacy, Public Disclosure of Private Fact, Nuisance, Trespass, Trespass to land and Chattels, Introduction to proximate cause, Relationship between proximate cause and plaintiffs Fault, Proximate Cause I, Proximate Cause II, Contribution in a joint and several liability system, Negligent infliction of emotional distress, LSAT Logic Games (June 2007 Practice Exam), LSAT Logical Reasoning I (June 2007 Practice Exam), LSAT Logical Reasoning II (June 2007 Practice Exam). ] 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. 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. As to the trespass claim, the court of appeals concluded that the district court read too much into Wendinger. Email Address: Appellant Paynesville Farmers Union Cooperative Oil Company (Cooperative) is a member owned farm products and services provider that, among Liberty University. See, e.g., Anderson v. Dep't of Natural Res., 693 N.W.2d 181, 192 (Minn.2005) (discussing our nuisance jurisprudence); Schmidt v. Vill. 31.925 (2010) (adopting the federal Organic Foods Production Act of 1990, 7 U.S.C. 2(b) (2010), and to spray pesticide in a manner "inconsistent with a label or labeling," Minn. Stat. ; see Highview N. Apartments, 323 N.W.2d at 73. See Rosenberg, 685 N.W.2d at 332. 12-678 No tags have been Johnson v. Paynesville Farmers Union Coop. 709 P.2d at 784, 790. Respondents Oluf and Debra Johnson (Johnsons) are organic farmers. See 7 U.S.C. The email address cannot be subscribed. Please try again. WebCase Nos. The MDA informed the Johnsons that there was no tolerance for diflufenzopyr in soybeans (organic, transitional, or conventional) and that, pending chemical testing, the MDA would determine if there [would] be any harvest prohibitions on the Johnsons' soybeans. The 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. The district court dismissed these claims on the ground that under Johnson v. Paynesville Farmers Union Coop. THE PARTIES AGREEMENTS Cogent and DT interconnect at eight We review the district court's denial of a party's motion to amend a complaint for abuse of discretion. Kevin F. Gray, Matthew W. Moehrle, Rajkowski Hansmeier, Ltd., St. 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. Id. 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. at 387. applied to it for a period of 3 years immediately preceding harvest of the crop." 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. Plaintiffs brought actions ontrespass,nuisanceandnegligence per se. The gist of the tort of trespass, however, is the intentional interference with rights of exclusive possession. Dan B. Dobbs, The Law of Torts 50 at 95 (2000); see also Martin v. Smith, 214 Minn. 9, 12, 7 N.W.2d 481, 482 (1942) (The gist of the action of trespass is the breaking and entering of the plaintiff's close.). 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. Producers also must keep records for 5 years concerning the production of agricultural products sold as organically produced. 7 U.S.C. Regarding the 2007 overspray, the district court dismissed the trespass claim because it concluded that "trespass by particulate matter" is not recognized in Minnesota; it dismissed the nuisance and negligence-per-se claims because the Johnsons presented no evidence that the cooperative's spraying caused damages; and it dismissed the battery claim for lack of evidence of intent. 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). 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. We hold that the phrase "applied to" in section 205.202(b) includes drift as an unintentional application of pesticide. 295, 297 (1907) (bullets and fallen game). This conclusion flies in the face of our rules of construction as well as common sense. But in cases like Bradley and Borland, the courts call[ ] the intrusion of harmful microscopic particles a trespass and not a nuisance, and then us[e] some of the techniques of nuisance law to weigh the amount and reasonableness of the intrusion. Dobbs, supra, 50 at 96. 2d 693 (2012) Parties: Oluf Johnson, Respondent, Paynesville Ass'n. But we conclude that the district court erred in (1) dismissing the Johnsons' nuisance and negligence per se claims to the extent those claims are not based on 7 C.F.R. 6520(a)(2). Willmar tribune. The district court denied the Johnsons' motion to amend their complaint to include claims based on the 2008 incidents because amendment would be futile. This ruling was based on the court's conclusions that Minnesota does not recognize a claim for trespass by particulate matter and that the Johnsons could not prove any negligence per se or nuisance damages based on 7 C.F.R. First, the language of section 205.202(b) is silent with respect to who applied the prohibited substances. Section 205.671 addresses the disqualifying level for unavoidable residual environmental contamination referenced in section 6511 of the OFPA. 802 N.W.2d at 391 (citing 7 C.F.R. They asserted separately that some of the chemicals, presumably fertilizers, enhanced weed growth. They also contend that the drift caused additional record-keeping and other burdens in connection with the operation of their farm. 205.202(b), a third party's pesticide drift cannot cause a field to lose organic certification. Further, numerous regulations in Title 7, Part 205, explicitly govern the behavior of producers and handlers. Schroeder v. St. Louis Cnty., 708 N.W.2d 497, 507 (Minn. 2006). 205.202(b), does not, however, end our analysis of those claims. Generally, both trespass and nuisance have a 6year statute of limitations. 6501(1). The Johnsons also reported the alleged pesticide drift to their organic certifying agent, the Organic Crop Improvement Association (OCIA), as they were required to do under the NOP. 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. Minn.Stat. 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. 6503(a) (directing the Secretary of Agriculture to establish an organic certification program for producers and handlers of agricultural products). In other words, the question presented is whether the Johnsons created an issue for trial that the Cooperative's pesticide drift required the Johnsons to remove their field from organic production due to 7 C.F.R. Johnson v. Paynesville Farmers Union Coop. 5 were here. The compliance provision in the OFPA statute7 U.S.C. Haley v. Forcelle, 669 N.W.2d 48, 55 (Minn.App. We are not to adopt an interpretation that renders one section of the regulatory scheme a nullity. 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)). This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. "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." 6504(2). In Minnesota, atrespassis committed where a plaintiff has the right of possession to the land at issue and there is a wrongful and unlawful entry upon such possession by defendant. Rather, we are to examine the federal regulation in context. 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. For its part, the Cooperative argues that the phrase applied to it in 7 C.F.R. The cooperative oversprayed adjacent fields again in 2005 and the Johnsons again contacted the MDA. We have not specifically considered the question of whether particulate matter can result in a trespass. The MDA detected pesticide residue, and so Johnson took the field out of organic production. 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 three years preceding the harvest. _____ Arlo H. Vande WebMinnesota.gov Portal / mn.gov // Minnesota's State Portal The court of appeals reversed. As a pre-law student you are automatically registered for the Casebriefs LSAT Prep Course. The term particulate matter encompasses a variety of substances, but the court's one-size-fits-all holding that particulate matter can never cause a trespass fails to take into account the differences between these various substances. 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. 205.400(f)(1). Sign up for our free summaries and get the latest delivered directly to you. Because the Cooperative was not, and could not be, the proximate cause of the Johnsons' damage, we hold that the district court properly granted summary judgment to the Cooperative on the Johnsons' nuisance and negligence per se claims based on section 205 .202(b). at 38889 (citing Borland v. Sanders Lead Co., 369 So.2d 523 (Ala.1979); Bradley v. Am. Only produce that meets strict NOP standards may be certified as organic. 6511(a). 205.202(b) (2012). 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. Arlo Vande Vegte (#112045) ARLO VANDE 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. 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. Smelting & Ref. 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. Unlike the plaintiffs in Wendinger, the Johnsons do not claim trespass based on transient odors. If it is not ambiguous, we apply the plain and ordinary meaning of the words used. The NOP regulation that specifically implements this compliance provision in the statute7 C.F.R. We review a district court's denial of a motion to amend a complaint for an abuse of discretion. In the alternative, the Cooperative argues that if section 205.202(b) is ambiguous, analysis of the relevant canons of construction confirms its interpretation. 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 argument is persuasive. Anderson, 693 N.W.2d at 187. Use this button to switch between dark and light mode. Section 205.400 confirms that when the NOP regulates drift, that intention is made explicitly clear. Highview, 323 N.W.2d at 73. Oil Co. Case below, 817 N.W.2d 693. 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. 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. Before discussing the factual background of this case, it is helpful to briefly summarize the organic farming regulations at issue. Rather, this section governs an organic producer's intentional application of prohibited substances onto fields from which organic products will be harvested .15. Victor v. Sell, 301 Minn. 309, 313, 222 N.W.2d 337, 340 (1974). Prot. 6521(a). WebCase 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 205.671, the Johnsons could have sold their crops as organic and therefore the Johnsons did not prove damages. With this regulatory scheme in mind, we turn to the incidents that gave rise to this lawsuit. This showing is made if it includes evidence that would allow a reasonable factfinder to conclude that the element has been proven. 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. 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. 4 BACKGROUND2 I. When we read the phrase applied to it in 7 C.F.R. WebJohnson v. Paynesville Farmers Union Cooperative Oil Co. EN. 561.01 (2010) (stating that a nuisance action "may be brought by any person whose property is injuriously affected or whose personal enjoyment is lessened by the nuisance"); Anderson, 693 N.W.2d at 189-91 (requiring damages for a negligence-per-se action). Finally, because trespass is an intentional tort, reasonableness on the part of the defendant is not a defense to trespass liability. Evidently, under the court's reading of the regulations, if a third party intentionally applies a prohibited pesticide to an organic farm field in a quantity sufficient to leave a residue that violates the regulation, 7 U.S.C. 2001). 205.202(b), remains viable. Borland, 369 So.2d at 529; accord Bradley, 709 P.2d at 791. The distinction between trespass and nuisance should not be based on whether the object invading the land is tangible or intangible. P. 15.01. https://casetext.com/case/johnson-v-paynesville-farmers-union-coop-oil-co We first address the district court's conclusion that chemical pesticide drift cannot constitute a trespass. Johnson sold his herbicide-tainted crops at lower, nonorganic prices and, as required by federal regulation, removed the tainted field from organic production for three years. Oil Co., 802 N.W.2d 383 (Minn.App.2011). See, e.g., Bradley, 709 P.2d at 786, 791 (holding that the 3year trespass statute of limitations applied rather than the 2year nuisance statute of limitations). 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. (Emphasis added). Learn more about FindLaws newsletters, including our terms of use and privacy policy. 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. WebLeesburg Farmers Market. For the reasons that follow, we conclude that the conduct about which the Johnsons complain does not constitute a trespass in Minnesota. 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). 205.202(b), and therefore that OCIA had discretion to decertify the Johnsons' fields. The Johnsons, organic farmers, claimed that while Appellant, a cooperative, was spraying pesticide onto conventionally farmed fields adjacent to the Johnsons' fields, some pesticide contaminated the Johnsons' organic fields. State Portal the court of Minnesota products ) meets strict NOP standards may be certified as organic 2010... Complain does not constitute a trespass, et al., respondents, v. Paynesville Farmers Union Coop Minn. 309 313. Our rules of construction as well as common sense April 2010, the Johnsons '.! 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