The use of different words in the two provisions supports the conclusion that the sections address different behavior. It has also recognized that a landowner owes a general duty "to adjoining or nearby premises" and observed that the duty leads to "liability [being] regularly imposed in cases concerning pesticide spray that drifted and killed bees" on neighboring land. 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. And the defendant's entry must be done by means of some physical, tangible agency in order to constitute a trespass. Citizens for a Safe Grant v. Lone Oak Sportsmen's Club, Inc., 624 N.W.2d 796, 805 (Minn.App. 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. The court of appeals reversed. 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. 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. On July 3, 2008, the Johnsons reported another incident of alleged contamination to the MDA. Domagala v. Rolland, 805 N.W.2d 14, 22 (Minn.2011). The district court therefore erred by concluding that the Johnsons' trespass claim fails as a matter of law. 6501(1). 541.07(7) (2010) (creating a 2year statute of limitations for all tort claims against pesticide applicators). 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. Petition for writ We considered but rejected the theory that the fumes were the kind of physical intrusion onto property that could support a trespass claim, even though, scientifically speaking, odorous elements within fumes are indeed physical substances, which we referred to as merely "particulate matter." 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). But if, as the Johnsons contend, any applicationincluding driftwere prohibited by section 205.202(b), then section 205.671 would be superfluous. Stay up-to-date with how the law affects your life. 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. With this regulatory scheme in mind, we turn to the incidents that gave rise to this lawsuit. 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. 561.01. 6511(d). Kevin F. Gray, Matthew W. Moehrle, Rajkowski Hansmeier, Ltd., St. The Johnsons sued Appellant on theories including trespass, nuisance, and negligence per se, seeking damages and injunctive relief. When we read the phrase applied to it in 7 C.F.R. The Johnsons seek loss of profits under both the nuisance and negligence per se claims based on their alleged inability to market their crops as organic under 7 C.F.R. 2000) (defining particulate matter as "[m]aterial suspended in the air in the form of minute solid particles or liquid droplets, especially when considered an atmospheric pollutant"). (Emphasis added). 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. . 205.202(b), fail as a matter of law, we reverse the court of appeals' reinstatement of those claims. 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. We have previously held that invasion by water constitutes a trespass and invasion by a bullet constitutes a trespass. In re NCAA Student-Athlete Names & Likeness Licensing Litigation. In this section, drift is the subject of a specific regulation. Rosenberg v. Heritage Renovations, LLC, 685 N.W.2d 320, 332 (Minn.2004). at 297 (holding that shotgun pellets that landed on the plaintiff's property could constitute a trespass).7. Similarly, section 205.400 does not support the Johnsons' proposed construction of section 205.202(b). 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. Borland, 369 So.2d at 529; accord Bradley, 709 P.2d at 791. 205.671, the Johnsons could have sold their crops as organic and therefore the Johnsons did not prove damages. Because the Johnsons' interpretation nullifies part of the OFPA and the NOP, that interpretation is not reasonable, and we decline to adopt it. We next address the district court's conclusion that the Johnsons failed to allege damages, an essential element of their nuisance and negligence-per-se claims. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. 205.662(a), (c) (providing that any noncompliance with the NOP can lead to decertification)). The cooperative oversprayed adjacent fields again in 2005 and the Johnsons again contacted the MDA. 2d 693 (2012) Parties: Oluf Johnson, Respondent, Paynesville 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. The states may adopt the federal standards or they may impose more restrictive requirements governing products sold as organic. 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. We add that the Johnsons alleged other damages not considered by the district court. We review a district court's denial of a motion to amend a complaint for an abuse of discretion. Respondents Oluf and Debra Johnson (Johnsons) are organic farmers. 1849, 173 L.Ed.2d 785 (2009). Unlike the plaintiffs in Wendinger, the Johnsons do not claim trespass based on transient odors. 205.671confirm this interpretation. We address only the allegations here, which go beyond inconsequential over-spray or odor-related intrusion. We review the district court's decision whether to grant an injunction for abuse of discretion. The regulation says nothing about what should happen if the residue testing shows less than five-percent contamination. 205.201(a) (2012) (The producer or handler must develop an organic production or handling system plan); 7 C.F.R. 7 C.F.R. 6511. In the 1990s, Oluf and Debra Johnson began the three-year process of converting their conventional family farm to a certified-organic farm to realize the higher market prices for organic produce and seeds. Fabio v. Bellomo, 504 N.W.2d 758, 761 (Minn. 1993). 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). Defendant was a company that sprayed pesticide on conventionally farmed fields adjacent to the plaintiffs fields. Both those cases and this one, unlike Wendinger, involved the dispersion of substances that entered into and settled onto land in discernable and allegedly damaging deposits. We hold that a trespass action can arise from a chemical pesticide being deposited in discernable and consequential amounts onto one agricultural property as the result of errant overspray during application directed at another. 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. The OFPA focuses on the producers and handlers of the products that are marketed and sold as organic. Email Address: W. Page Keeton et al., Prosser & Keeton on the Law of Torts, 13, at 70 (5th ed.1984). That section states only that if "residue testing detects prohibited substances at levels that are greater than 5 percent of the Environ-mental Protection Agency's tolerance for the specific residue detected or unavoidable residual environmental contamination, the agricultural product must not be sold, labeled, or represented as organically produced." 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)). Special Force Ministries v. WCCO Television, 584 N.W.2d 789, 792-93 (Minn.App. exceeded the 5% tolerance limits established [under the federal organic-certification regulations], produce from these plants could have been sold as `organic'" We review the district court's interpretation of the organic-certification regulation de novo. Id. We turn first to the portion of the Johnsons' nuisance and negligence per se claims that are based on 7 C.F.R. Liberty University. 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. 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.). The MDA investigator did not observe any plant injury, but chemical testing revealed a minimal amount of glyphosate in the Johnsons' transitional alfalfa. You can opt out at any time by clicking the unsubscribe link in our newsletter, If you have not signed up for your Casebriefs Cloud account Click Here, Thank you for registering as a Pre-Law Student with Casebriefs. 205.400(f)(1). 18B.07, subd. Reading the phrase "applied to it" in 7 C.F.R. 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. 7 C.F.R. Johnson v. Paynesville Farmers Union Coop. 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 question therefore is not one of damages but is more properly framed as a question of causation. Among other things, section 205.400 requires a producer to [i]mmediately notify the certifying agent concerning any: [a]pplication, including drift, of a prohibited substance to any field that is part of an [organic] operation. 7 C.F.R. 205.202(b), fail as a matter of law. See, e.g., Caraco Pharm. 205.671. Defendant claimed that the invasion of particulate matter does not constitute atrespassin Minnesota as a matter of law. 205.203(a) (2012) (The producer must select and implement tillage and cultivation practices); 7 C.F.R. The district court adopted the interpretation of the NOP regulation that the Cooperative advances. Plaintiffs sued defendant fortrespass. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Highview, 323 N.W.2d at 70. Only produce that meets strict NOP standards may be certified as organic. To the extent that the Johnsons' proposed amended complaint includes such claims, the district court properly denied the Johnsons' motion to amend. Defendants pesticide drifted and contaminated plaintiffs organic fields. We remand for further proceedings arising from the reversal. 205.662(a), (c) (providing that if an investigation by a certifying agent "reveals any noncompliance" with NOP regulations, a written notice of noncompliance shall be sent to the certified operation, and that this notice can lead to revocation or suspension of certification (emphasis added)). Because these identify at least potential bases to recover damages, see Highview N. Apartments v. Cnty. 6520(a)(2). We hold that pesticide drifting from one farm to another may in some circumstances constitute a trespass. 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 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. The proper distinction between trespass and nuisance should be the nature of the property interest affected. 1670, 1680, 182 L.Ed.2d 678 (2012) (noting that courts are to consider questions of statutory interpretation by looking at phrases in the context of the entire statute). 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. (540) 454-8089. Should the agent determine that the residue came from the intentional application of a prohibited substance, the product may not be sold as organic. Id. 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. Haley v. Forcelle, 669 N.W.2d 48, 55 (Minn.App. 205.202(b). A10-1596, A10-2135 (Minn. Aug. 1, 2012). 205.202(b). 205.203(c) (2012) (The producer must manage plant and animal materials). 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. 205.400. 817 N.W.2d 693, 712 (Minn. 2012). favorite this post Jan 16 Couch for sale $250 (wdc > Leesburg) We review both elements de novo. We hold that the phrase "applied to" in section 205.202(b) includes drift as an unintentional application of pesticide. 205.202(b) (2012). The defendant's liability for nuisance is determined by balancing the social utility of the defendants' actions with the harm to the plaintiff. Highview N. Apartments, 323 N.W.2d at 71. This distinction between inference with possessory rights and interference with use and enjoyment rights is reflected in the only reported decisions in Minnesota, both from the court of appeals, which reached the question of whether an invasion by particulate matter constitutes a trespass. See 7 C.F.R. WebJohnson v. Paynesville Farmers Union Cooperative Oil Co. EN. Lee & Barry A. Lindahl, 4 Modern Tort Law: Liability and Litigation 38:1 (2d ed. 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. It reasoned, "[A]s there is no evidence that chemical residue tests performed on the plants . Get free summaries of new Minnesota Supreme Court opinions delivered to your inbox! 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). First, the language of section 205.202(b) is silent with respect to who applied the prohibited substances. But there is no statute of limitations difference in Minnesota. 205.202(b). 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. The Court noted that under 7 C.F.R. 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. Having concluded that applied to it refers to situations where the producer has applied prohibited substances to the field, we must consider whether the district court correctly dismissed the Johnsons' nuisance and negligence per se claims based on 7 C.F.R. STAR Ctrs., Inc. v. Faegre & Benson, L.L.P., 644 N.W.2d 72, 77 (Minn.2002). 295, 297 (1907) (bullets and fallen game). Workers, 676 F.3d 566, 570 (7th Cir.2012) (stating that the same rules of construction apply to federal administrative rules as to statutes); Citizens Advocating Responsible Dev. Subsequently, the Cooperative moved for summary judgment, and the Johnsons moved to amend their complaint to include claims based on the two 2008 incidents and a claim for punitive damages. 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. Appellant Paynesville Farmers Union Cooperative Oil Company (Cooperative) is a member owned farm products and services provider that, among 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. Greenwood v. Evergreen Mines Co., 220 Minn. 296, 312, 19 N.W.2d 726, 73435 (1945). 2(b) (2010), and to spray pesticide in a manner "inconsistent with a label or labeling," Minn. Stat. 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. The district court granted summary judgment in the cooperative's favor and dismissed all of the Johnsons' claims. We compared the odors in Wendinger to the "noxious fumes" that were emanating from a wastewater plant in Fagerlie v. City of Willmar, 435 N.W.2d 641, 644 n. 2 (Minn. App. 205.202(b). 2(a)(1) (2010). PDF United States Court of Appeals The plaintiffs were organic farmers who alleged that JOHNSON v. PAYNESVILLE FARMERS UNION COOPERATIVE OIL COMPANY. 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). The district court granted summary judgment and dismissed the Johnsons' trespass, nuisance, and negligence per se claims. Minn. R. Civ. 205.100, .102, .300 (2011); see also Minn. Stat. Please try again. 205.671. address. Imposing this restriction on a trespass claim is inconsistent with our precedent that provides a remedy to a property owner for any trivial trespass. Romans, 217 Minn. at 180, 14 N.W.2d at 486. Co., 104 Wash.2d 677, 709 P.2d 782 (Wash.1985)). 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. Of Elec. WebOluf Johnson, et al., Respondents, vs. Website. , 132 S.Ct. You're all set! Our rules of statutory interpretation (which we apply to regulations) do not permit us to add words to a regulation whether the words were purposefully omitted or inadvertently overlooked. 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