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. We remand for further proceedings arising from the reversal. 18B.07, subd. 7 U.S.C. Please try again. Don't Miss Important Points of Law with BARBRI Outlines (Login Required). But any such directive was inconsistent with the plain language of 7 C.F.R. 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 6511(c)(2). 5 were here. Did to 7 C.F.R. More. With respect to the nuisance claim, Minn.Stat. They alleged that the drift has caused "substantial inconveniences" because they are required to report the contamination and it affects their crop rotations, organic-farm planning, and record keeping. One of these specific practices provides that in order to be sold as organic, the product must not be produced on land to which any prohibited substances, including synthetic chemicals, have been applied during the 3 years immediately preceding the harvest of the agricultural products. 7 U.S.C. . The court of appeals reversed. When people or tangible objects enter the plaintiff's land without permission, these entries disturb the landowner's right to exclusively possess her land. Plaintiffs sued defendant fortrespass. A party may amend a responsive pleading that has been served if that party has leave of the court, and leave "shall be freely given when justice so requires." (540) 454-8089. 205.400(f)(1). WebPaynesville Farmers Union Cooperative Oil Company :: Supreme Court of the United States :: Administrative Proceeding No. We first address the district court's conclusion that chemical pesticide drift cannot constitute a trespass. See, e.g., Martin v. Reynolds Metals Co., 221 Or. WebJohnson v. Paynesville Farmers Union Cooperative Oil Co., 817 N.W.2d 693 (2012): Case Brief Summary - Quimbee Study Aids Case Briefs Overview Casebooks Case Should the agent determine that the residue came from the intentional application of a prohibited substance, the product may not be sold as organic. A trespass claimant must prove two elements: the plaintiffs rightful possession and the defendant's unlawful entry. at 550. 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. Our trespass jurisprudence recognizes the unconditional right of property owners to exclude others through the ability to maintain an action in trespass even when no damages are provable. 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. Because the district court erred by finding no damages were shown by the Johnsons, we reverse the dismissal of the Johnsons' nuisance and negligence-per-se claims. 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. Id. Fabio v. Bellomo, 504 N.W.2d 758, 761 (Minn. 1993). 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). The plain language of the phraseAny field or farm parcel must: (b) Have had no prohibited substances applied to itindicates that the concern is what the land in question was exposed to, not how it was exposed, why it was exposed, or who caused the exposure. 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. 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. The Supreme Court (1) concluded that the Johnsons' trespass claim and claim for damages based on 7 C.F.R. 7 U.S.C. 6504(2). PLST. And in Borland, the Alabama Supreme Court upheld a trespass claim based on the defendant's emission of lead particulates and sulfoxide gases that the plaintiffs alleged accumulated on their property. 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 supreme court has explained that "the intentional throwing of [an object] upon [another's] property would constitute a trespass." 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. See Markham v. Cabell, 326 U.S. 404, 409, 66 S.Ct. The MDA detected pesticide residue, and so Johnson took the field out of organic production. 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. See Minn. Stat 561.01. 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 . 7 C.F.R. The OFPA provides important context for interpretation of the regulation because the NOP regulations were drafted to carry out the provisions of the OFPA. 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. 2. He plowed part of the alfalfa field under because it was "becoming choked with weeds and the alfalfa was very sick and poor.". Web802 N.W.2d 383 - JOHNSON v. PAYNESVILLE FARMERS UNION CO-OP., Court of Appeals of Minnesota. Johnson v. Paynesville Farmers Union Cooperative Oil Co., 817 N.W.2d 693 (Minn. 2012). 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. He was also told by the state's organic certifying agent that if any pesticide residue was detected, he must take the field out of organic production for three years. 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. We turn first to the portion of the Johnsons' nuisance and negligence per se claims that are based on 7 C.F.R. Because the Johnsons still have a viable nuisance claim, and an injunction is a potential remedy for a nuisance, we hold that the district court erred when it dismissed the Johnsons' request for permanent injunctive relief. Id. Johnson v. Paynesville Farmers Union Coop. 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. 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). 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. We turn to the district court's denial of the Johnsons' motion to amend their complaint to add claims arising out of the 2008 drift. . The distinction between trespass and nuisance should not be based on whether the object invading the land is tangible or intangible. Contact us. We turn next to the district court's denial of the Johnsons' motion to amend their complaint to include claims based on the 2008 incidents of pesticide drift. 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. [h]ave had no prohibited substances . Liberty University. But section 205.202(b) does not regulate drift; instead, it provides that prohibited substances are not to be applied to organic fields. 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. Website. A10-1596, A10-2135 (July 802 N.W.2d at 390. The district court here focused on our use of the term "particulate matter" in our discussing the nature of odors and, relying on the American Heritage Dictionary definition of "particulate matter," it concluded that pesticide drift is particulate matter and therefore not actionable as trespass under Minnesota law. 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. 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. 205.202(b). 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. 193, 90 L.Ed. 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. 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 court of appeals reversed. Organic farmers Oluf and Debra Johnson filed a civil suit alleging that the Paynesville Farmers Union Cooperative Oil Company sprayed a chemical pesticide that 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. The same is true for the Johnsons' request for a permanent injunction. 709 P.2d at 784, 790. 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.). WebCase Nos. See 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). We last address the district court's denial of the Johnsons' permanent injunction request. The argument is persuasive. 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. (holding that Minnesota law "has not recognized trespass by particulate matter"); The American Heritage Dictionary of the English Language 1282 (4th ed. 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). And we hold that the federal regulation that prohibits the sale of produce labeled organic if it is tainted with chemicals at levels greater than five percent of the EPA's specified limit does not, by reverse implication, automatically authorize the sale of organically labeled produce that does not fail that five-percent test. 7 C.F.R. See id. 2003), review denied (Minn. Aug. 5, 2003). When we read the phrase applied to it in 7 C.F.R. 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. 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. 295, 297 (1907) (bullets and fallen game). 205.203(c) (2012) (The producer must manage plant and animal materials). Agency, http://www.epa.gov/pm/basic.html (last updated June 15, 2012). THE PARTIES AGREEMENTS Cogent and DT interconnect at eight 205.202(b), could survive summary judgment, we affirm the court of appeals' reinstatement of those claims and remand for proceedings consistent with this opinion. 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. The OFPA focuses on the producers and handlers of the products that are marketed and sold as organic. This showing is made if it includes evidence that would allow a reasonable factfinder to conclude that the element has been proven. Minn.Stat. Arlo Vande Vegte (#112045) ARLO VANDE of Aitkin, 266 N.W.2d 704, 705 (Minn.1978) (citation omitted); see generally 46 Dunnell Minn. Digest Trespass 1.02 (4th ed.2000). Id. 6503(a) (directing the Secretary of Agriculture to establish an organic certification program for producers and handlers of agricultural products). ; see Highview N. Apartments, 323 N.W.2d at 73. In addition to these general provisions, the OFPA also establishes certain crop production practices that are prohibited when producers seek to sell products as organic. Defendants pesticide drifted and contaminated plaintiffs organic fields. 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. 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. Retired judge of the Minnesota Court of Appeals, serving by appointment pursuant to Minn. Const. In response to this MDA directive, the Johnsons destroyed approximately 10 acres of their soybean crop. 6501(1). KidCloverButterfly14. 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. The cooperative again oversprayed in 2007. 205.201; see also 205.272 (requiring the farmer to "implement measures necessary to prevent the commingling of organic and nonorganic products and protect organic products from contact with prohibited substances"). 6511(c)(1). 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.). 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. Our first task is to determine whether the regulation is ambiguous. 369 So.2d at 52526. Injunctive relief is a permissible remedy under that statute. 6520(a)(2). 205.202(b), a third party's pesticide drift cannot cause a field to lose organic certification. WebMinnesota.gov Portal / mn.gov // Minnesota's State Portal 205.202(b), remains viable. You already receive all suggested Justia Opinion Summary Newsletters. $250. 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 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. 6511(c)(2). The email address cannot be subscribed. But the district court should deny a motion to amend a complaint when the proposed claim could not survive a summary-judgment motion. For its part, the Cooperative argues that the phrase applied to it 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. 2(b) (2010), and to spray pesticide in a manner "inconsistent with a label or labeling," Minn. Stat. 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. And both those cases and this one, unlike Wendinger, involve a substantive invasion in which the deposited thing not merely vaporous and dissipating odors are the source of the injury arising out of the alleged trespass. It concluded that the claims arising from the 2005 overspray are time barred. 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. While the court of appeals expressly reversed the district court's denial of the Johnsons' claim for a, At that time, the binding precedent was this court's opinion in the same case, in which we held that a fine, Full title:Oluf JOHNSON, et al., Appellants, v. PAYNESVILLE FARMERS UNION COOPERATIVE. . The Johnsons do not allege that a tangible object invaded their land. 12-678 Oluf Johnson and Debra Johnson, Petitioners v. Paynesville Farmers Union Cooperative Oil Company Administrative Proceeding Supreme Court of the United States , Case No. Keeton, supra, 13 at 7172. In addition, the Johnsons claim damages for actual crop losses, inconvenience, and adverse health effects. 2003), review denied (Minn. Nov. 25, 2003). This formulation of trespass, however, conflicts with our precedent defining the elements of trespass. The cooperative was cited lour times by the Minnesota Department of Agriculture for violating pesticide laws, which make it illegal to "apply a pesticide resulting in damage to adjacent property," Minn. Stat. This site is protected by reCAPTCHA and the Google. In a breach of contract case, the court can consider ordering specific performance as long as the innocent party asks for that remedy. 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. 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. Labs., Ltd. v. Novo Nordisk A/S, U.S. On appeal from the decision to grant summary judgment, we review de novo the district court's application of the law and its determination that there are no genuine issues of material fact. See, e.g., Sime, 213 Minn. at 481, 7 N.W.2d at 328. Bad smell, we held, was a nuisance rather than a trespass because, although the essence of the intruding matter was technically a physical substance, it interferes with enjoyment and use of the property but not with its possession. 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. 369 So.2d 523, 525, 530 (Ala. 1979). Defendant claimed that the invasion of particulate matter does not constitute atrespassin Minnesota as a matter of law. We turn first to the question of whether, as the district court held, the Johnsons' trespass claim fails as a matter of law. And in a case alleging damages caused by pesticides, like this case, the applicable statute of limitations is 2 years regardless of the type of claim the plaintiff brings. 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. But interpreting the regulation to allow for an automatic under-five-percent safe harbor for drift ignores this additional, more specific commentary: We do not speculate as to the Johnsons' damages, but we hold that the district court erroneously rejected their claims for lack of damages on the ground that, by virtue of there having been no finding of five-percent contamination, no damages could be proven. St. Paul, MN 55101-2134 (651) 757-1468 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. Minn.Stat. Agency, http://www .epa.gov/pm/ (last updated June 28, 2012). 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." Producers also must keep records for 5 years concerning the production of agricultural products sold as organically produced. 7 U.S.C. Oluf Johnson complained to the cooperative after the 1998 incident, and it apologized, promising to "make it right." This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. 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. They also contend that the drift caused additional record-keeping and other burdens in connection with the operation of their farm. The MDA found that the cooperative repeatedly applied pesticide on windy days. Rather, this section governs an organic producer's intentional application of prohibited substances onto fields from which organic products will be harvested .15. 6508(a). Stay up-to-date with how the law affects your life. The Johnsons urge us, however, to construe the phrase applied to it to include actions of third parties, such as the pesticide drift that resulted from the Cooperative's spraying activity at issue here. James A. Henderson, Jr. et al., The Torts Process 386 (7th ed.2007). WebCase Brief (19,519) Case Opinion (20,322) Johnson v. Paynesville Farmers Union Coop. You can explore additional available newsletters here. 7 U.S.C. In order to resolve the interpretation question presented, we must construe the regulation at issue7 C.F.R. We have previously held that invasion by water constitutes a trespass and invasion by a bullet constitutes a trespass. Cloud, MN, for respondent. 205.671. Johnson, 802 N.W.2d at 390. 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