The argument is persuasive. See 7 U.S.C. And requiring that a property owner prove that she suffered some consequence from the trespasser's invasion before she is able to seek redress for that invasion offends traditional principles of ownership by endanger[ing] the right of exclusion itself. Adams, 602 N.W.2d at 217, 221 (declining to recognize a trespass claim for dust, noise, and vibrations emanating from defendant's mining operation). Smelting & Ref. Respondents Oluf and Debra Johnson (Johnsons) were organic farmers. See, e.g., Caraco Pharm. Minnesota Attorney Generals Office . Our conclusion that the district court properly dismissed the Johnsons' negligence per se and nuisance claims based on 7 C.F.R. Minn.Stat. Because the Johnsons' interpretation nullifies part of the OFPA and the NOP, that interpretation is not reasonable, and we decline to adopt it. 205.202(b). The MDA informed the Johnsons that there was no tolerance for diflufenzopyr in soybeans (organic, transitional, or conventional) and that, pending chemical testing, the MDA would determine if there [would] be any harvest prohibitions on the Johnsons' soybeans. While the district court, both parties, and the court of appeals characterize the dismissal as one based on a lack of prima facie evidence of damages, the Johnsons clearly made a prima facie showing of damages; they actually took their soybean field back to the beginning of the 3year transition period and lost the opportunity to market crops from that field as organic during that time period. 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. And we have held that errant bullets shot onto another's property constitutes a trespass. After receiving these test results, the Johnsons took the affected alfalfa field out of organic production for an additional 3 years. 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. 6511(c)(1). The Supreme Court (1) concluded that the Johnsons' trespass claim and claim for damages based on 7 C.F.R. See 7 U.S.C. 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). Before discussing the factual background of this case, it is helpful to briefly summarize the organic farming regulations at issue. 205.202(b), fail as a matter of law. 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. WebCase Nos. v. Kandiyohi Cnty. Oil Co., appellants could not establish causation as a matter of law. 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. 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. 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. In both cases, the court of appeals held that such invasions do not, as a matter of law, constitute trespass. 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. And the defendant's entry must be done by means of some physical, tangible agency in order to constitute a trespass. 7 C.F.R. 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. To prove a negligence claim, the plaintiff must show that the defendant breached a duty of care that proximately caused the plaintiff damage. 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. Reading each provision of the regulation as an integrated whole, we therefore deduce that the phrase "applied to" refers to "applications" and that "applications" include even each "unintended application" and that the "application" of a prohibited substance includes "drift" onto a nontargeted field. The Johnsons also supported their nuisance and negligence per se claims with allegations separate from the damages that they contend were caused due to the OCIA's interpretation of section 205.202(b). Respondents Oluf and Debra Johnson (Johnsons) are organic farmers. The Johnsons took this action because they believed that the presence of any amount of pesticide on their organic fields prohibited them from selling crops harvested from these fields as organic. The MDA found that the cooperative repeatedly applied pesticide on windy days. 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. In June 2009, the district court granted a temporary injunction, prohibiting the cooperative from spraying within one-quarter mile of the Johnsons' farm and requiring it to give notice of its spraying activities in the area. Highview, 323 N.W.2d at 70. Johnson v. Paynesville Farmers Union Co-op. For instance, the J ohnsons' brief to the Court of Appeals argued that their right of possession was impacted by Paynesville Co-op's actions; but the facts alleged in support of this argument related only to alleged interference with the Johnsons' use of their land. Co., 104 Wash.2d 677, 709 P.2d 782 (Wash.1985)). TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. We last address the district court's denial of the Johnsons' permanent injunction request. 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. Affirmed in part, reversed in part, and remanded. New Minnesota Trespass Case: Bad Smells v.s. Id. The cooperative's counter position, which is that "applied to" does not include unintended residual drift from overspray, is belied by the express language of the regulation. Wendinger v. Forst Farms, Inc., 662 N.W.2d 546 (Minn.App. Sign up for our free summaries and get the latest delivered directly to you. 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. 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 also explained that including intangible matters as causes oftrespasswould also impose on the property owners the obligation to demonstrate that the invasion causes some consequence. See, e.g., Martin v. Reynolds Metals Co., 221 Or. Red River Spray Service, Inc. v. Nelson, 404 N.W.2d 332, 334 (Minn.App. 205.202(b). 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). When people or tangible objects enter the plaintiff's land without permission, these entries disturb the landowner's right to exclusively possess her land. The more specific holdings in chemical drift trespass cases in other jurisdictions are consistent with our holding today. DLH, Inc. v. Russ, 566 N.W.2d 60, 71 (Minn. 1997). 6520(a)(2). Cambern v. Hubbling, 307 Minn. 168, 171, 238 N.W.2d 622, 624 (1976) (If the trial court's rule is correct, it is not to be reversed solely because its stated reason was not correct.). 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). 6501(1). We have affirmed as factually supported a negligence judgment against a crop duster after its negligent spraying of herbicides resulted in chemical drift from target fields onto a neighboring field, damaging crops. Under the plain language of 7 C.F.R. I disagree with the breadth of the court's holding. 6501- 6523, and the associated federal regulations in NOP, 7 C.F.R. 165 (1945) (stating that a law will not be strictly read if such reading results in the emasculation or deletion of a provision which a less literal reading would preserve.). 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. Our case law is consistent with this traditional formulation of trespass because we have recognized that a trespass can occur when a person or tangible object enters the plaintiff's land.6 See Victor v. Sell, 301 Minn. 309, 31314 n. 1, 222 N.W.2d 337, 340 n. 1 (1974) ( One is subject to liability to another for trespass, irrespective of whether he thereby causes harm to any legally protected interest of the other, if he intentionally enters land in the possession of the other, or causes a thing or a third person to do so (quoting with approval the Restatement (Second) of Torts 158 (1965))); Greenwood, 220 Minn. at 31112, 19 N.W.2d at 73435 (recognizing that trespass can occur when water floods onto the plaintiff's land); Whittaker, 100 Minn. at 391, 111 N.W. 205.202(b) (2012). Id. First, the language of section 205.202(b) is silent with respect to who applied the prohibited substances. Paynesville Farmers Union Coop. Oil Co., 802 N.W.2d 383 (Minn.App.2011). As to the trespass claim, the court of appeals concluded that the district court read too much into Wendinger. The OFPA thus contemplates that organic products with some amount of prohibited substance residue on them may be marketed and sold as organic. 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, as the "organic food production law" of Minnesota). 7 C.F.R. The district court also denied the Johnsons' motion to amend their complaint, reasoning that the claims arising from the 2008 overspray would fail for the same reasons the 2007-overspray claims failed. Johnson v. Paynesville Farmers Union Coop. In January 2009, the Johnsons sued the cooperative for the 2005 and 2007 incidents. New York - August 11, 2011 . 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. of Aitkin, 266 N.W.2d 704, 705 (Minn.1978) (citation omitted); see generally 46 Dunnell Minn. Digest Trespass 1.02 (4th ed.2000). 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). 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. 7 U.S.C. 1(2), (3) (2010) (creating a 6year statute of limitations for statutory actions like nuisance and establishing a 6year statute of limitations for trespass). 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. We are not to adopt an interpretation that renders one section of the regulatory scheme a nullity. James A. Henderson, Jr. et al., The Torts Process 386 (7th ed.2007). Some particles are sufficiently large or dark to be observable, such as dust, dirt, soot, or smoke. United States Envtl. 2(b) (2010), and to spray pesticide in a manner "inconsistent with a label or labeling," Minn. Stat. Oil Co., No. See H. Christiansen & Sons, Inc. v. City of Duluth, 225 Minn. 475, 480, 31 N.W.2d 270, 27374 (1948). 662 N.W.2d at 550. The court reversed the Court of Appeal in part and affirmed in part and remanded the case to the trial court to determine thenuisanceclaim. He also notified commercial pesticide sprayer Paynseville Farmers Union Cooperative Oil Company of the transition. The operative regulation here requires that "[a]ny field or farm parcel from which harvested crops are intended to be sold, labeled, or represented as `organic' must . 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. Id. 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. The OFPA provides important context for interpretation of the regulation because the NOP regulations were drafted to carry out the provisions of the OFPA. art. 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. Anderson, 693 N.W.2d at 187. The MDA also reported that the chemicals diflufenzopyr and glyphosate were not present. , 132 S.Ct. Unlike the plaintiffs in Wendinger, the Johnsons do not claim trespass based on transient odors. Because the district court failed to address whether there are any genuine issues of material fact on this aspect of the Johnsons' nuisance claim, we hold that the court erred when it dismissed the nuisance claim. 6503(a) (directing the Secretary of Agriculture to establish an organic certification program for producers and handlers of agricultural products). Cf. Total views 3. Under that settlement, the cooperative paid damages and agreed to give the Johnsons 24 hours' notice before it sprayed in any adjacent field. 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. 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 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. No Minnesota case has addressed whether unwanted pesticide drift from a targeted field to an adjacent otherwise organic farming operation can constitute a trespass. Appeal from the District Court, Stearns County, Kris Davick-Halfen, J. Arlo H. Vande Vegte, Arlo H. Vande Vegte, P.A., Plymouth, MN, for appellants. 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. Caminetti v. United States, 242 U.S. 470, 485, 37 S.Ct. . The Johnsons sued the Cooperative on theories including trespass, nuisance, and negligence per se and sought damages and injunctive relief. [h]ave had no prohibited substances . Rosenberg v. Heritage Renovations, LLC, 685 N.W.2d 320, 332 (Minn. 2004). 6511(c)(2). The compliance provision in the OFPA statute7 U.S.C. 205.202(b). 6504(2). 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. 2405, 165 L.Ed.2d 345 (2006) ([T]he question is whether Congress intended its different words to make a legal difference. Rather, this section governs an organic producer's intentional application of prohibited substances onto fields from which organic products will be harvested .15. 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. 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. WebMinnesota.gov Portal / mn.gov // Minnesota's State Portal Rosenberg, 685 N.W.2d at 332. In this section, drift is the subject of a specific regulation. Citizens for a Safe Grant v. Lone Oak Sportsmen's Club, Inc., 624 N.W.2d 796, 805 (Minn.App. 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. 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. These findings were based exclusively on the predicate findings that the Johnsons failed to allege damages. Johnson sold his herbicide-tainted crops at lower, nonorganic prices and, as required by federal regulation, removed the tainted field from organic production for three years. 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. 369 So.2d at 52526. 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. Oil Co. Case below, 817 N.W.2d 693. But if, as the Johnsons contend, any applicationincluding driftwere prohibited by section 205.202(b), then section 205.671 would be superfluous. 6501-6523 (2006) (OFPA), on regulating the practices of the producer of organic products, the phrase unambiguously regulates behavior by the producer. For example, producers must prepare a plan for the operation of their farms in order to obtain certification to sell their products as organic. WebOluf Johnson, et al., Respondents, vs. 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. 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. We recognize that the assumption has some support from the following general commentary on the regulation: National Organic Program, 65 Fed.Reg. Trial court was correct in concluding that plaintiffstrespassclaim failed as a matter of law. Therefore, I would allow the suit to go forward and permit the record to be developed to resolve that question. In asking the Court to recognize a claim of trespass by . You can opt out at any time by clicking the unsubscribe link in our newsletter. 192, 61 L.Ed. The court of appeals reversed and remanded. WebFinal Research Paper Case Brief 1 Citation: Johnson v. Paynesville Farmers Union Co-op Oil Comp., 817 N.W. 2001). See id. We have previously held that invasion by water constitutes a trespass and invasion by a bullet constitutes a trespass. We begin with a discussion of the tort of trespass. 205.100, .102, .300 (2011); see also Minn. Stat. All rights reserved. In addition, the Johnsons claim damages for actual crop losses, inconvenience, and adverse health effects. 323 N.W.2d 65, 73 (Minn.1982). See 7 U.S.C. THE PARTIES AGREEMENTS Cogent and DT interconnect at eight WebCase Brief (19,519) Case Opinion (20,322) Johnson v. Paynesville Farmers Union Coop. The regulation says nothing about what should happen if the residue testing shows less than five-percent contamination. 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. 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. See Weston v. McWilliams Assocs., Inc., 716 N.W.2d 634, 638 (Minn. 2006). This statute has been held to require "harm" to the plaintiff and "wrongful conduct" by the defendant. Respondents Oluf and 6511(d). 1998), review denied (Minn. Dec. 15, 1998). See SCI Minn. Funeral Servs., Inc. v. WashburnMcReavy Funeral Corp., 795 N.W.2d 855, 865 (Minn.2011) (reviewing de novo whether claimants had alleged the elements of a claim). Web802 N.W.2d 383 - JOHNSON v. PAYNESVILLE FARMERS UNION CO-OP., Court of Appeals of Minnesota. We have recognized nuisance claims when a plaintiff can show that the defendant's conduct caused an interference with the use or enjoyment of the plaintiff's property. Id. Minnesota has adopted the OFPA and the NOP as its state organic farming law. Reading the phrase "applied to it" in 7 C.F.R. 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. See 7 C.F.R. Johnson, 802 N.W.2d at 38889. Id. A district court should permit amendments unless it finds that the adverse party would be prejudiced. 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. This formulation of trespass, however, conflicts with our precedent defining the elements of trespass. 6511(a). 1987). The court of appeals reversed. 6503(d) (stating that the OFPA is implemented by certifying agents authorized through the Secretary of Agriculture); 7 C.F.R. 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. As other courts have suggested, the same conduct may constitute both trespass and nuisance. WebLeesburg Farmers Market. See 7 U.S.C. Here, on the record presented at this stage in the litigation, it is not clear to me whether the pesticides in this case constituted a trespass. 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. As dust, dirt, soot, or smoke you can opt out at time! 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