205.202(b). Minn.Stat. The OFPA also specifically provides that producers of organic products shall not apply materials to seeds or seedlings that are contrary to, or inconsistent with, the applicable organic certification program. 7 U.S.C. As discussed above, the Johnsons' 2007 trespass claim and claims based on 7 C.F.R. 6507(b)(1). 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.

The court of appeals held that the phrase applied to it in section 205.202(b) included situations in which pesticides unintentionally came into contact with organic fields. 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. If it is not ambiguous, we apply the plain and ordinary meaning of the words used. 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. STAR Ctrs., Inc. v. Faegre & Benson, L.L.P., 644 N.W.2d 72, 77 (Minn.2002). WebSTATEMENT OF THE CASE The claims on appeal involve allegations by Respondents Oluf and Debra Johnson (hereafter the "Johnsons") that Petitioner Paynesville Farmers Union Cooperative Oil Company (hereafter "Petitioner" or "Paynesville Co-op") caused chemical pesticides to drift onto fields which the J ohnsons were using, or intended to use, in the 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. 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). We conclude that they did not. We agree with the district court that section 205.202(b) does not regulate the Cooperative's pesticide drift. In both cases, the court of appeals held that such invasions do not, as a matter of law, constitute trespass. Should the agent determine that the residue came from the intentional application of a prohibited substance, the product may not be sold as organic. All rights reserved. To see those casebooks, please click on a subject below. 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. Of Elec. 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 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. See, e.g., Sime, 213 Minn. at 481, 7 N.W.2d at 328. at 389. Co. v. White, 548 U.S. 53, 6263, 126 S.Ct. 205.662(a), (c) (providing that any noncompliance with the NOP can lead to decertification)). To prove a negligence claim, the plaintiff must show that the defendant breached a duty of care that proximately caused the plaintiff damage. For its part, the Cooperative argues that the phrase applied to it in 7 C.F.R. Defendants pesticide drifted and contaminated plaintiffs organic fields. See Markham v. Cabell, 326 U.S. 404, 409, 66 S.Ct. Johnson v. Paynesville Farmers Union Co-op. See Johnson, 802 N.W.2d at 389. 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. Trespassclaims address only tangible invasions of the right to exclusive possession of land.

Because the Johnsons did not apply pesticides to the field, the Cooperative argues that section 205.202(b) does not restrict the Johnsons' sale of organic products. But because the district court failed to consider whether the Johnsons' non trespass claims that were not based on 7 C.F.R.

They sought damages and a permanent injunction prohibiting the Cooperative from spraying pesticides within a half mile of the Johnsons' fields.3 The Johnsons claimed the following types of damages: (1) loss of profits because they had to take the fields onto which pesticide drifted out of organic production for 3 years; (2) loss of profits because they had to destroy approximately 10 acres of soybeans; (3) inconvenience due to increased weeding, pollution remediation, and NOP reporting responsibilities; and (4) adverse health effects.

Domagala v. Rolland, 805 N.W.2d 14, 22 (Minn.2011). Rather than adopt a categorical conclusion that particulate matter can never cause a trespass, I conclude, as discussed above, that it may constitute a trespass under some circumstances. Ct. App. There would accordingly be no organic crops left that would be covered under section 205.671 of the NOP or 7 U.S.C. 205.202(b) (2012). WebJohnson v. Paynesville Farmers Union Cooperative Oil Co Case Brief Summary | Law Case Explained Quimbee 37.2K subscribers Subscribe 2 Share 167 views 1 year ago Defendant claimed that the invasion of particulate matter does not constitute atrespassin Minnesota as a matter of law. Respondents Oluf and Debra Johnson (Johnsons) are organic farmers. 205.671. Appellant Paynesville Farmers Union Cooperative Oil Company (Cooperative) is a memberowned farm products and services provider that, 6503(d) (stating that the OFPA is implemented by certifying agents authorized through the Secretary of Agriculture); 7 C.F.R. Section 205.400 confirms that when the NOP regulates drift, that intention is made explicitly clear. WebThe best poems for funerals, memorial services., and cards. 205.202(b), and therefore that OCIA had discretion to decertify the Johnsons' fields. 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. 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. JOHNSON v. PAYNESVILLE FARMERS UNION COOPERATIVE OIL COMPANY. A10-1596& A10-2135 State of Minnesota Supreme Court Oluf Johnson and Debra Johnson, Respondents, vs. Paynesville Farmers Union Cooperative Oil Johnson v. Paynesville Farmers Union Coop. 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. This formulation of trespass, however, conflicts with our precedent defining the elements of trespass. It is a small extension, if any, of those holdings to conclude that invasion by pesticide can constitute a trespass, especially because pesticides are designed to affect the land, unlike an invasion by a bullet, which creates no such risk. WebJohnson v. Paynesville Farmers Union Coop. And because there was discretion to decertify, the court of appeals concluded that the Johnsons had offered sufficient evidence to survive summary judgment. 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. 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). Whether the Johnsons have alleged a viable claim for trespass is a question of law that we review de novo. 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. 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. Id. Box 962 P.O. WebThe best poems for funerals, memorial services., and cards. 51, 602 N.W.2d 215, 21819 (Mich.Ct.App.1999) ([P]ossessory rights to real property include as distinct interests the right to exclude and the right to enjoy, violations of which give rise to the distinct causes of action respectively of trespass and nuisance. (citing Keeton, supra, 87)); John Larkin, Inc. v. Marceau, 184 Vt. 207, 959 A.2d 551, 555 (Vt.2008) (holding that landowner who sprayed pesticide on his land that drifted onto plaintiff's land did not commit trespass because there was no evidence that the pesticide interfered with the plaintiff's right to exclusive possession of his land). 6511(c)(2)(B). The difference between ordinary negligence and negligence per se is that in negligence per se, a statutory duty of care is substituted for the ordinary prudent person standard such that a violation of a statute is conclusive evidence of duty and breach. Gradjelick v. Hance, 646 N.W.2d 225, 231 n. 3 (Minn.2002). Did to 7 C.F.R.

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. Premier Bank v. Becker Dev., LLC, 785 N.W.2d 753, 760 (Minn.2010). The Johnsons also allege that the pesticide drift constitutes negligence per se, asserting that the Cooperative violated Minn.Stat. The compliance provision requires, as a way to enforce the requirements in the OFPA, that the certifying agent utilize a system of residue testing to test products sold as organically produced. 7 U.S.C. Agency, http://www.epa.gov/pm/basic.html (last updated June 15, 2012). This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. 18B.07 (2010) by direct[ing] pesticide[s] onto property beyond the boundaries of the target site, using the pesticides in a manner inconsistent with their labels, and endangering the Johnsons' agricultural products. 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. 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). 205.202(b), the court of appeals disagreed with the district court's interpretation of the NOP regulations. Try Casetext For Free 7 U.S.C. WebOluf Johnson and Debra Johnson, Petitioners v. Paynesville Farmers Union Cooperative Oil Company :: Supreme Court of the United States :: Administrative Proceeding No. 205.202(b), remains viable. We turn first to the question of whether, as the district court held, the Johnsons' trespass claim fails as a matter of law. Our first task is to determine whether the regulation is ambiguous. 2d 693 (2012) Parties: Oluf Johnson, Respondent, Paynesville Farmers Union Co-op Oil Company, Appellant. 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. Based on the presence of pesticides in their fields, the Johnsons filed this lawsuit against the Cooperative, alleging trespass, nuisance, negligence per se, and battery. See Rosenberg, 685 N.W.2d at 332. 205.200 (2012) (The producer or handler must comply with the applicable provisions); 7 C.F.R. 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. The court of appeals reversed. 205.400(f)(1). 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. 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. 17-cv-3058 (SRN/HB) United States; United States District Courts. Because Bradley and Borland require a showing of reasonable foreseeability and substantial damages, they essentially disregard the traditional understanding of trespass under Minnesota law, and they are in reality, examples of either the tort of private nuisance or liability for harm resulting from negligence and not trespass cases at all. Producers also must keep records for 5 years concerning the production of agricultural products sold as organically produced. 7 U.S.C. Johnson v. Paynesville Farmers Union Coop. 65016523 (2006) (OFPA), and the associated federal regulations in the National Organic Program, 7 C.F.R. Generally, both trespass and nuisance have a 6year statute of limitations. WebJohnson v. Paynesville Farmers Union | Case Brief for Law Students Citation817 N.W.2d 693 (Minn. 2012) Brief Fact Summary. Wendinger v. Forst Farms, Inc., 662 N.W.2d 546, 550 (Minn.App.2003) (noting that Minnesota has not recognized trespass by particulate matter and rejecting a trespass claim because the odors of which the [plaintiffs] complain interfere with the use and enjoyment of their land, not with their exclusive possession of it), rev. 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). 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. We have not specifically considered the question of whether particulate matter can result in a trespass. It is the right of the owner in possession to exclusive possession that is protected by an action for trespass. 205.671confirm this interpretation. 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 [. In deciding whether the regulation is ambiguous, however, we do not construe the regulation in isolation. Our conclusion that the district court properly dismissed the Johnsons' negligence per se and nuisance claims based on 7 C.F.R. 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)).

Trial court was correct in concluding that plaintiffstrespassclaim failed as a matter of law. WebParty name: Oluf Johnson and Debra Johnson : Attorneys for Respondent: Kevin F. Gray: Rajkowski Hansmeier Ltd. (320)-251-1055: Counsel of Record: 11 Seventh Avenue 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. Johnson v. Paynesville Farmers Union Co-op Download PDF Check Treatment Casetext: The secret research weapon for attorneys.

323 N.W.2d 65, 73 (Minn.1982). To the extent that the Johnsons' proposed amended complaint includes such claims, the district court properly denied the Johnsons' motion to amend.

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7 U.S.C. The Johnsons' claim is one for nuisance, not trespass.

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. Similarly, section 205.400 does not support the Johnsons' proposed construction of section 205.202(b). 13, at 71. See, e.g., Martin v. Reynolds Metals Co., 221 Or. 205.202(b), does not, however, end our analysis of those claims. at 297 (holding that shotgun pellets that landed on the plaintiff's property could constitute a trespass).7. 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. Rather, this section governs an organic producer's intentional application of prohibited substances onto fields from which organic products will be harvested .15. The same is true for the Johnsons' request for a permanent injunction. 6501(1). WebNo. 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. 205.400(f)(1). 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). Cf. 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. Yes.

Plaintiffs were farmers who grew organic crops. 205.202(b). E .g., In re Cities of Annandale & Maple Lake, 731 N.W.2d 502, 516 (Minn.2007) (considering whether a federal regulation was ambiguous). 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. See Borland v. Sanders Lead Co., 369 So.2d 523, 529 (Ala.1979) (Whether an invasion of a property interest is a trespass or a nuisance does not depend upon whether the intruding agent is tangible or intangible . Instead, an analysis must be made to determine the interest interfered with. 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 Johnsons sought a permanent injunction under the nuisance statute, Minn.Stat. 1849, 173 L.Ed.2d 785 (2009). 205.671. The OFPA focuses on the producers and handlers of the products that are marketed and sold as organic.

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