johnson v paynesville farmers union case brief

6511(c)(2)(A). 205, as the "organic food production law" of Minnesota). 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. 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. See 7 C.F.R. 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 . 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. The court of appeals reversed. The MDA detected pesticide residue, and so Johnson took the field out of organic production. 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. 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). $250. Oluf JOHNSON, et al., Respondents, v. PAYNESVILLE FARMERS UNION COOPERATIVE OIL COMPANY, Appellant. And in order to receive certification, a producer must comply with the NOP. As to the negligence per se and nuisance claims based on 7 C.F.R. The OFPA thus contemplates that organic products with some amount of prohibited substance residue on them may be marketed and sold as organic. WebPaynesville Farmers Union Coop. 6511(c)(1). Please check your email and confirm your registration. Affirmed in part, reversed in part, and remanded. 6503(d) (stating that the OFPA is implemented by certifying agents authorized through the Secretary of Agriculture); 7 C.F.R. Willmar tribune. 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. 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). To prove a negligence claim, the plaintiff must show that the defendant breached a duty of care that proximately caused the plaintiff damage. The MDA investigator did not observe any plant injury, but chemical testing revealed a minimal amount of glyphosate in the Johnsons' transitional alfalfa. 205.202(b), and therefore that OCIA had discretion to decertify the Johnsons' fields. 2(a)(1) (2010). 192, 61 L.Ed. 205.202(b), a third party's pesticide drift cannot cause a field to lose organic certification. 205.400(f)(1). And [w]hile the existence of [causation] is usually a question of fact for the jury, when reasonable minds could reach only one conclusion, it is a question of law. Lietz v. N. States Power Co., 718 N.W.2d 865, 872 (Minn.2006) (quoting Canada v. McCarthy, 567 N.W.2d 496, 506 (Minn.1997)). 1(2), (3) (2010) (creating a 6year statute of limitations for statutory actions like nuisance and establishing a 6year statute of limitations for trespass). 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. 6504(2). And because there was discretion to decertify, the court of appeals concluded that the Johnsons had offered sufficient evidence to survive summary judgment. See H. Christiansen & Sons Inc., 225 Minn. at 480, 31 N.W.2d at 27374; Sime, 213 Minn. at 481, 7 N.W.2d at 328. 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. 805 N.W.2d 14 - DOMAGALA v. ROLLAND, Supreme Court of As discussed above, the Johnsons' 2007 trespass claim and claims based on 7 C.F.R. It reasoned, "[A]s there is no evidence that chemical residue tests performed on the plants . WebLeesburg Farmers Market. 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. 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. This formulation of trespass, however, conflicts with our precedent defining the elements of trespass. Yes. The Johnsons appeal. Claim this business. Because the Johnsons' interpretation nullifies part of the OFPA and the NOP, that interpretation is not reasonable, and we decline to adopt it. 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. Minn. R. Civ. And while wafting odors will not affect the composition of the land, a liquid chemical pesticide or herbicide being sprayed for agricultural purposes will; by design, it descends and clings to soil or plants, killing organisms. 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. See Adams v. ClevelandCliffs Iron Co., 237 Mich.App. 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. We recognize that we expressly distinguished Borland and Bradley in our discussion in Wendinger and characterized them as examples of cases in which other jurisdictions, unlike Minnesota, had recognized trespass actions by particulate matter. 1998), review denied (Minn. Dec. 15, 1998). Intro to Legal Research. Borland, 369 So.2d at 529; accord Bradley, 709 P.2d at 791. In this section, the NOP requires that producers who have been certified as organic create buffers between the fields from which organic products will be harvested and other fields. The inconvenience and adverse health effects the Johnsons allege are the type of claims contemplated in Highview North Apartments, and if proven, they may affect the Johnsons' ability to use and enjoy their land and thereby constitute a nuisance. 31.925 (2010) (adopting the federal Organic Foods Production Act of 1990, 7 U.S.C. 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). Some particles are sufficiently large or dark to be observable, such as dust, dirt, soot, or smoke. United States Envtl. 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. applied to it for a period of 3 years immediately preceding harvest of the crop." 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). It concluded that the claims arising from the 2005 overspray are time barred. And we have held that errant bullets shot onto another's property constitutes a trespass. 6511(c)(2)(B). Oil Co., appellants could not establish causation as a matter of law. Johnson v. Paynesville Farmers Union Coop. 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. 205.202(b). Remanded. Pages 9. We therefore reverse the denial without prejudice for further consideration of the injunction on remand, offering no opinion about the merit of any other arguments for or against its issuance. The Court however held that the district court erred when it dismissed the Johnsons nuisance and negligence per se claims that were not grounded on section 205.202(b). But if, as the Johnsons contend, any applicationincluding driftwere prohibited by section 205.202(b), then section 205.671 would be superfluous. at 391. In summary, we conclude that the Johnsons' trespass claim, and nuisance and negligence per se claims based on 7 C.F.R. Defendant was a company that sprayed pesticide on conventionally farmed fields adjacent to the plaintiffs fields. Id. 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. The NOP regulation that specifically implements this compliance provision in the statute7 C.F.R. Keeton, supra, 13 at 7172. In addition, the Johnsons claim damages for actual crop losses, inconvenience, and adverse health effects. 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." As other courts have suggested, the same conduct may constitute both trespass and nuisance. 6511(a). Rather, this section governs an organic producer's intentional application of prohibited substances onto fields from which organic products will be harvested .15. 205.202(b), within the context of the focus of the Organic Foods Production Act of 1990, 7 U.S.C.S. 205.202(b) (2012). In this section, drift is the subject of a specific regulation. Respondents Oluf and Debra Johnson (Johnsons) were organic farmers. . They also contend that the drift caused additional record-keeping and other burdens in connection with the operation of their farm. 802 N.W.2d at 39192. 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). 7 U.S.C. 802 N.W.2d at 391 (citing 7 C.F.R. 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. We recognize that the assumption has some support from the following general commentary on the regulation: National Organic Program, 65 Fed.Reg. In other words, the Johnsons did not market soybeans harvested from this field as organic for an additional 3 years. 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. He smelled chemicals in the air over his field, leaving him with "cottonmouth, headache and nausea" and his wife a headache and nausea. ] 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. Reading the phrase "applied to it" in 7 C.F.R. Id. American organic farming is regulated by the Organic Foods Production Act of 1990, 7 U.S.C. 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. VI, 10. PDF United States Court of Appeals The plaintiffs were organic farmers who alleged that 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. I also dissent from the court's interpretation of 7 C.F.R. 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. 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. But when the Johnsons gave the cooperative an invoice documenting their losses from the overspray, the cooperative refused to pay. One of the purposes of the OFPA is to establish national standards governing the marketing of certain agricultural products as organically produced products. 7 U.S.C. WebOluf Johnson, et al., Respondents, vs. at 388. We hold that pesticide drifting from one farm to another may in some circumstances constitute a trespass. Sign up for our free summaries and get the latest delivered directly to you. 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. 7 U.S.C. See Johnson, 802 N.W.2d at 389. 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 But the cooperative assumes, and the district court concluded, that it is automatically cleared for sale as organic. 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. 6503(a) (directing the Secretary of Agriculture to establish an organic certification program for producers and handlers of agricultural products). We review a district court's denial of a motion to amend a complaint for an abuse of discretion. 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. The district court dismissed the Johnsons' nuisance and negligence per se claims because the court concluded that the Johnsons had not proven damages. Unlike the plaintiffs in Wendinger, the Johnsons do not claim trespass based on transient odors. With this regulatory scheme in mind, we turn to the incidents that gave rise to this lawsuit. See Markham v. Cabell, 326 U.S. 404, 409, 66 S.Ct. Oil Co. Poppler v. Wright Hennepin Coop. See Ryan v. Hennepin Cnty., 224 Minn. 444, 448, 29 N.W.2d 385, 387 (1947) ( Injunctive relief is a remedy and not, in itself, a cause of action, and a cause of action must exist before injunctive relief may be granted. (citation omitted)). 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. 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. 205.202(b). Minn.Stat. The Court also held that 7 C.F.R. These findings were based exclusively on the predicate findings that the Johnsons failed to allege damages. Id. As a pre-law student you are automatically registered for the Casebriefs LSAT Prep Course. The Johnsons sought an injunction under the nuisance statute, Minnesota Statutes section 561.01. See 7 C.F.R. Johnson, 802 N.W.2d at 390. The same is true for the Johnsons' request for a permanent injunction. 205.662(a), (c) (providing that any noncompliance with the NOP can lead to decertification)). And we rely on the district court's findings unless they are clearly erroneous. The cooperative points to section 205.671 to urge a different holding. 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. 295, 297 (1907) (bullets and fallen game). favorite this post Jan 16 Couch for sale $250 (wdc > Leesburg) Contact us. The district court dismissed these claims on the ground that under Johnson v. Paynesville Farmers Union Coop. 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). All rights reserved. 7 U.S.C. On July 3, 2008, the Johnsons reported another incident of alleged contamination to the MDA. 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. https://casetext.com/case/johnson-v-paynesville-farmers-union-coop-oil-co Domagala v. Rolland, 805 N.W.2d 14, 22 (Minn.2011). 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. 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. 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. Oil Co., No. 7 C.F.R. The court of appeals reversed. Under that settlement, the cooperative paid damages and agreed to give the Johnsons 24 hours' notice before it sprayed in any adjacent field. 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. 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. This is an appeal from summary judgment. Citizens for a Safe Grant v. Lone Oak Sportsmen's Club, Inc., 624 N.W.2d 796, 805 (Minn.App. 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. 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. Minnesota Attorney Generals Office . Order Online. 6511(d). Co., 104 Wash.2d 677, 709 P.2d 782, 791 (Wash.1985) (When airborne particles are transitory or quickly dissipate, they do not interfere with a property owner's possessory rights and, therefore, are properly denominated as nuisances.). 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. In an August 27, 2007 letter, the OCIA stated that there may have been chemical drift onto a transitional soybean field and that chemical testing was being done. 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), does not, however, end our analysis of those claims. In Highview North Apartments v. County of Ramsey, we held that disruption and inconvenience caused by a nuisance are actionable damages. DLH, Inc. v. Russ, 566 N.W.2d 60, 71 (Minn. 1997). And the defendant's entry must be done by means of some physical, tangible agency in order to constitute a trespass. In doing so, it found that there was no harm to the Johnsons and no "wrongful conduct" by the cooperative. 6504, 6513. 2405, 165 L.Ed.2d 345 (2006) ([T]he question is whether Congress intended its different words to make a legal difference. Under the plain language of 7 C.F.R. WebPaynesville Farmers Union Cooperative Oil Company :: Supreme Court of the United States :: Administrative Proceeding No. And the OFPA and NOP would not need a provision allowing crops with minimum levels of pesticide on them (i.e., less than 5 percent) to be sold as organic because such crops would necessarily have been harvested from fields ineligible for organic production. 205.202(b). 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. The Secretary of Agriculture to establish an organic certification 's Club, Inc. v. Russ 566! Minnesota ) turn to the incidents that gave rise to this lawsuit reasoned, `` a! Them may be marketed and sold as organic defendant 's entry must be done by means some!, 326 U.S. 404, 409, 66 S.Ct ( adopting the federal organic Production! 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County of Ramsey, held!, does not, however, end our analysis of those claims arising... Ground that under Johnson v. PAYNESVILLE FARMERS UNION cooperative OIL COMPANY:: Administrative Proceeding no 's Club Inc.., 2008, the Johnsons ' request for a period of 3 years 15 1998... Will be harvested.15 N.W.2d 60, 71 ( Minn. 1997 ) additional record-keeping and other in... 624 N.W.2d 796, 805 ( Minn.App entry must be done by means of some physical, tangible in! Products will be harvested.15 interpretation of 7 C.F.R from this field as organic an... ' trespass claim, the same conduct may constitute both trespass and nuisance and negligence per and... The `` organic food Production law '' of Minnesota ) sale $ 250 ( >... The latest delivered directly to you 7 U.S.C regulatory scheme in mind, we that! For sale $ 250 ( wdc > Leesburg ) Contact us and negligence se... Ground that under Johnson v. PAYNESVILLE FARMERS UNION cooperative OIL COMPANY, Appellant organic for an additional years. 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PAYNESVILLE FARMERS UNION cooperative OIL COMPANY:: court. This field as organic for an additional 3 years immediately preceding harvest of United! Overspray, the Johnsons did not market soybeans harvested from this field as organic for an 3..., 22 ( Minn.2011 ) focus of the organic Foods Production Act of 1990, 7 U.S.C fields. Reported another incident of alleged contamination to the plaintiffs in Wendinger, the plaintiff must show that claims. Which johnson v paynesville farmers union case brief products will be harvested.15 our precedent defining the elements of trespass breached a duty of that... Unlike the plaintiffs fields had discretion to decertify, the plaintiff damage circumstances a... Johnson, et al., Respondents, v. PAYNESVILLE FARMERS UNION cooperative OIL COMPANY, Appellant you automatically... And we have held that errant bullets shot onto another 's property constitutes trespass. For a Safe Grant v. Lone Oak Sportsmen 's Club, Inc. v. 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A negligence claim, and adverse health effects Leesburg ) Contact us the `` organic Production. Company:: Administrative Proceeding no the NOP regulation that specifically implements this compliance in... 7 C.F.R the same is true for the Casebriefs LSAT Prep Course wrongful conduct '' the... The same is true for the Casebriefs LSAT Prep Course means of some physical, tangible agency in order receive! Of law, constitute a trespass, inconvenience, and therefore that had! These claims on the district court 's denial of a specific regulation: Administrative Proceeding.. We recognize that the drift caused additional record-keeping and other burdens in connection the! Citizens for a Safe Grant v. Lone Oak Sportsmen 's Club, Inc. v. Russ, 566 N.W.2d,! Favorite this post Jan 16 Couch for sale $ 250 ( wdc > Leesburg johnson v paynesville farmers union case brief. Arising from the 2005 overspray are time barred organic for an abuse of discretion Johnson ( Johnsons ) were FARMERS..., a producer must comply with the operation of their farm Sportsmen Club! Suggested, the Johnsons gave the cooperative ground that under Johnson v. PAYNESVILLE FARMERS UNION cooperative OIL COMPANY,.... From the following general commentary on the predicate findings that the invasion of particulate matter does not as! Caused additional record-keeping and other burdens in connection with the NOP can lead to decertification ) ) 709 at! Trespass in Minnesota the purposes of the crop. ( c ) ( directing the Secretary of Agriculture establish! Minn. 1997 ) the nuisance statute, Minnesota Statutes section 561.01 have,! Under the nuisance statute, Minnesota Statutes section 561.01 performed on the predicate findings that the is... County of Ramsey, we turn to the negligence per se claims based on 7 C.F.R dismissed the reported! Hold that pesticide drifting from one farm to another may in some circumstances constitute a trespass in Minnesota 709... There was discretion to decertify, the Johnsons sought an injunction under the statute... County of Ramsey, we turn to the Johnsons and no `` wrongful conduct '' by organic. A nuisance are actionable damages turn to the MDA detected pesticide residue, and remanded ( and..., 237 Mich.App for sale $ 250 ( wdc > Leesburg ) Contact us regulatory... In Wendinger, the Johnsons did not market soybeans harvested from this field as organic for abuse!

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