johnson v paynesville farmers union case brief

The question therefore is not one of damages but is more properly framed as a question of causation. 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). The Johnsons do not allege that a tangible object invaded their land. Trespassclaims address only tangible invasions of the right to exclusive possession of land. 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. 6503(a) (directing the Secretary of Agriculture to establish an organic certification program for producers and handlers of agricultural products). 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. Whether plaintiffstrespassclaim fails as a matter of law? 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. 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. 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. Because the Johnsons did not have any evidence of damages based on the NOP regulations, the court concluded that all of the Johnsons' claims must be dismissed and the temporary injunction vacated. The district court dismissed the Johnsons' nuisance and negligence per se claims because the court concluded that the Johnsons had not proven damages. 205.202(b), and therefore had no basis on which to seek an injunction. 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. 7 U.S.C. 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. 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 Johnsons sought a permanent injunction under the nuisance statute, Minn.Stat. But there is no statute of limitations difference in Minnesota. Indeed, if a defendant's emission of particulate matter causes enough damage to meet the court of appeals' [discernible] and consequential amounts element, Johnson, 802 N.W.2d at 389, the emission will also likely be an unreasonable interference with plaintiff's use and enjoyment of his land, and therefore constitute a nuisance, see Highview N. Apartments v. Cnty. 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. But if, as the Johnsons contend, any applicationincluding driftwere prohibited by section 205.202(b), then section 205.671 would be superfluous. 205.200 (2012) (The producer or handler must comply with the applicable provisions); 7 C.F.R. If the intrusion interferes with the right to exclusive possession of property, the law of trespass applies. Borland, 369 So.2d at 529; accord Bradley, 709 P.2d at 791. 6521(a). 205.202(c) and 7 C.F.R. The Johnsons claimed that while the Cooperative was spraying pesticide onto conventionally farmed fields adjacent to the Johnsons fields, some pesticide drifted onto and contaminated the Johnsons organic fields. Not only is the rule from the Bradley and Borland courts inconsistent with our trespass precedent, but the rule in those cases also blurs the line between trespass and nuisance. 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. Webcompare and contrast the three types of music listening; charles gibbons son of mc beaton; what does hehe mean from a guy; queen clarion and lord milori fanfiction 205.400. Origin of Name: In honor of Gen. Richard 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). Because only one of the three chemicals was present based on its testing, the MDA concluded that it can not be proven if the detections were from drift. And even though the testing did not find diflufenzopyr, the MDA still required that the Johnsons plow down a small portion of the soybeans growing in the field because of the presence of dicamba and based on the visual damage observed to this crop. 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. 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. at 388. 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. We disagree. 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. See 7 U.S.C. WebFarmers Association IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO DISMISS Of Counsel: Counsel of Record: Judith McGeary Michael A. Spiegel (MS2309) P.O. This formulation of trespass, however, conflicts with our precedent defining the elements of trespass. 1849, 173 L.Ed.2d 785 (2009). 205.400(f)(1). Thereafter, the Johnsons sued the Cooperative, on theories including trespass, nuisance, and negligence per se and sought damages and injunctive relief. The court reversed the Court of Appeal in part and affirmed in part and remanded the case to the trial court to determine thenuisanceclaim. 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. 2d 693 (2012) Parties: Oluf Johnson, Respondent, Paynesville Farmers Union Co-op Oil Company, Appellant. 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.). 295, 297 (1907) (bullets and fallen game). 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). Because we conclude that the Johnsons' trespass claim and claims for damages based on 7 C.F.R. 561.01. We have previously held that invasion by water constitutes a trespass and invasion by a bullet constitutes a trespass. WebMontgomery County, Kansas. 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. These cases go beyond our precedent because they conclude that intangible objects can support a claim for trespass to land. 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. Under the OFPA and the NOP regulations, a producer cannot market its crops as organic, and receive the premium price paid for organic products, unless the producer is certified by an organic certifying agent. We review a district court's denial of a motion to amend a complaint for an abuse of discretion. 205 (2012) (NOP). This is because the interference with possessory rights and interference with use and enjoyment rights are different. WebMenu. Thus, while the court concludes that invasion by an intangible object never interferes with a property owner's possessory rights, I conclude that in some circumstances it may, particularly when that intangible object is actually a substance that settles on the land and damages it. With respect to the nuisance claim, Minn.Stat. 7 U.S.C. They must also certify on an annual basis that they have not sold products labeled as organic except in accordance with the OFPA, and producers must allow the certifying agent an on-site inspection of their farm every 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). 6501(1). Every Bundle includes the complete text from each of the titles below: PLUS: Hundreds of law school topic-related videos from The OFPA provides important context for interpretation of the regulation because the NOP regulations were drafted to carry out the provisions of the OFPA. Minn.Stat. 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. To date, no Texas spray drift cases have involved a nuisance claim. The Johnsons allege that the pesticide drift from the Cooperative's spraying constituted a nuisance because it caused an interference with their use and enjoyment of their land. 8th Circuit. To prove a negligence claim, the plaintiff must show that the defendant breached a duty of care that proximately caused the plaintiff damage. See, e.g., Caraco Pharm. 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. 6507(b)(1). Lake v. WalMart Stores, Inc., 582 N.W.2d 231, 236 (Minn.1998) (concluding that we are not persuaded that a new cause of action should be recognized if little additional protection is afforded plaintiffs). Among numerous other requirements, the NOP provides that land from which crops are intended to be sold as organic must [h]ave had no prohibited substances applied to it for a period of 3 years immediately preceding harvest of the crop. 7 C.F.R. A101596. All rights reserved. In Minnesota, a trespass is 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. All Am. For example, producers must prepare a plan for the operation of their farms in order to obtain certification to sell their products as organic. 6511(c)(1). See 7 C.F.R. 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. Affirmed in part, reversed in part, and remanded. - Legal Principles in this Case for Law Students. First, the language of section 205.202(b) is silent with respect to who applied the prohibited substances. 205.202(b) (2012). Appellant Paynesville Farmers Union Cooperative Oil Company (Cooperative) is a member owned farm products and services provider that, among other things, applies pesticides to farm fields. 205.662(a), (c) (providing that any noncompliance with the NOP can lead to decertification)). They also contend that the drift caused additional record-keeping and other burdens in connection with the operation of their farm. 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? In this report, the Johnsons alleged that there was pesticide drift onto one of their transitional alfalfa fields after the Cooperative applied Roundup Power Max and Select Max (containing the chemicals glyphosate and clethodium) to a neighboring conventional farmer's field. The Johnsons claimed that the pesticide drift caused them economic damages because they had to take the contaminated fields out of organic production for three years pursuant to 7 C.F.R. Consequently, the Cooperative sought a review of the judgment. The court looked outside Minnesota to support the holding it reached.8 Id. 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. The MDA investigator did not observe any plant injury, but chemical testing revealed a minimal amount of glyphosate in the Johnsons' transitional alfalfa. The Johnsons were also told that [i]f the analysis indicate[d] contamination, they would have to take this land back to the beginning of 36month transition. Based on the OCIA's letter, and the dicamba found by the MDA, the Johnsons took the transitional soybean field back to the beginning of the 3year transition process. at 391. 2006) (The distinction between nuisance and trespass is in the difference in the interest interfered with: in a nuisance action it is the use and enjoyment of land, while the interest in a trespass action is the exclusive possession of land.). Ct. App. The facts section contains a concise summary of the legally relevant facts of the case and a summary of the procedural history. We consider each of these issues in turn. Appellant Paynesville Farmers Union Cooperative Oil Company (Cooperative) is a memberowned farm products and services provider that, 802 N.W.2d at 390. Smelting & Ref. Email Address: Box 962 P.O. 7 U.S.C. 205.202(b) (2012), a producer's intentional placement of pesticides onto fields from which crops were intended to be harvested and sold as organic was prohibited, but section 205.202(b) did not regulate the drift of pesticides onto those fields. 205.202(b). Click here to upload. 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. Use this button to switch between dark and light mode. 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. Stay up-to-date with how the law affects your life. Cf. denied (Minn. Aug. 5, 2003); Fagerlie v. City of Willmar, 435 N.W.2d 641, 643, 644 n. 2 (Minn.App.1989) (concluding that claims based upon the emission of offensive odors are nuisance claims, not trespass claims, because the claims alleged interference with [plaintiffs'] use and enjoyment of their land, not invasion of their exclusive possession). W. Page Keeton et al., Prosser & Keeton on the Law of Torts, 13, at 70 (5th ed.1984). 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 541.05, subd. 1(2), (3) (2010) (creating a 6year statute of limitations for statutory actions like nuisance and establishing a 6year statute of limitations for trespass). If it is not ambiguous, we apply the plain and ordinary meaning of the words used. 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). In the alternative, the Cooperative argues that if section 205.202(b) is ambiguous, analysis of the relevant canons of construction confirms its interpretation. But because the district court failed to consider whether the Johnsons' non trespass claims that were not based on 7 C.F.R. Under Minnesota trespass law, entry upon the land that interferes with the landowner's right to exclusive possession results in trespass whether that interference was reasonably foreseeable or whether it caused damages. The court of appeals reversed. 205.202(b), fail as a matter of law. Prot. The Johnsons claim that while the Cooperative was spraying pesticide onto conventionally farmed fields adjacent to the Johnsons' fields, some pesticide drifted onto and contaminated the Johnsons' organic fields. Sime v. Jensen, 213 Minn. 476, 481, 7 N.W.2d 325, 328 (1942); see also Romans v. Nadler, 217 Minn. 174, 18081, 14 N.W.2d 482, 486 (1944) (citing Whittaker v. Stangvick, 100 Minn. 386, 111 N.W. 205.202(b), a third party's pesticide drift cannot cause a field to lose organic certification. 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. Respondents Oluf 7 U.S.C. 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. WebThe City of Fawn Creek is located in the State of Kansas. 205.202(b) (2012). In summary, trespass claims address tangible invasions of the right to exclusive possession of land, and nuisance claims address invasions of the right to use and enjoyment of land. For its part, the Cooperative argues that the phrase applied to it in 7 C.F.R. Johnson v. Paynesville Farmers Union Coop. 445 Minnesota Street, Suite 1400 . 17-cv-3058 (SRN/HB) United States; United States District Courts. Oil Co., 817 N.W.2d 693, 709 (Minn.2012). Rather, when we interpret a rule, we consult the language itself, the specific context in which that language is used, and the broader context of the [rule] as a whole. Robinson v. Shell Oil Co., 519 U.S. 337, 341, 117 S.Ct. , 132 S.Ct. of Comm'rs, 713 N.W.2d 817, 828 n. 9 (Minn.2006) (noting that administrative regulations are governed by the same rules of construction that apply to statutes); cf. In other words, the tort of trespass is committed when a person intentionally enters or causes direct and tangible entry upon the land in possession of another. Dobbs, supra, 50 at 95 (footnotes omitted). See 7 U.S.C. 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. Construing the evidence in the light most favorable to the Johnsons, their certifying agent, OCIA, directed them to take their soybean fields out of organic production for 3 years. 6520(a)(2). We begin with a discussion of the tort of trespass. That regulation reads: Any field or farm parcel from which harvested crops are intended to be sold, labeled, or represented as organic, must: (b) Have had no prohibited substances, as listed in 205.105, applied to it for a period of 3 years immediately preceding harvest of the crop [. 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. See Johnson, 802 N.W.2d at 389. This action involves alleged pesticide contamination of organic farm fields in central Minnesota. 6511(c)(2)(B). Respondents Oluf and Debra Johnson (Johnsons) are organic farmers. The compliance provision in the OFPA statute7 U.S.C. 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. In this section, drift is the subject of a specific regulation. 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johnson v paynesville farmers union case brief