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. See Exelon Generation Co. LLC v. Local 15 Int'l Bhd. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 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). Id. 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. Finally, because trespass is an intentional tort, reasonableness on the part of the defendant is not a defense to trespass liability. 205.671confirms this interpretation. 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. 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.). 205.202(b), fail as a matter of law, we reverse the court of appeals' reinstatement of those claims. 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. The states may adopt the federal standards or they may impose more restrictive requirements governing products sold as organic. But in cases like Bradley and Borland, the courts call[ ] the intrusion of harmful microscopic particles a trespass and not a nuisance, and then us[e] some of the techniques of nuisance law to weigh the amount and reasonableness of the intrusion. Dobbs, supra, 50 at 96. 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. 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 H. Christiansen & Sons Inc., 225 Minn. at 480, 31 N.W.2d at 27374; Sime, 213 Minn. at 481, 7 N.W.2d at 328. 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. Of Elec. 205 (2012) (NOP). Plaintiffs were farmers who grew organic crops. 802 N.W.2d at 39192. 31.925 (2010) (adopting the OFPA and the NOP as the organic food production law and rules in this state). But section 205.202(b) does not regulate drift; instead, it provides that prohibited substances are not to be applied to organic fields. 1849, 173 L.Ed.2d 785 (2009). 192, 61 L.Ed. 205.202(b) (2012) cover instances of pesticide drift, thereby, justifying certain of plaintiff organic farmers Johnsons nuisance and negligence per se claims for damages? The court looked outside Minnesota to support the holding it reached.8 Id. In the alternative, the Cooperative argues that if section 205.202(b) is ambiguous, analysis of the relevant canons of construction confirms its interpretation. 6511(c)(1). 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. Traditionally, trespasses are distinct from nuisances: [t]he law of nuisance deals with indirect or intangible interference with an owner's use and enjoyment of land, while trespass deals with direct and tangible interferences with the right to exclusive possession of land. Dobbs, supra, 50 at 96. 205.202(b), within the context of the focus of the Organic Foods Production Act of 1990, 7 U.S.C.S. 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 7 U.S.C. WebCase Brief (19,856) Case Opinion (20,954) Johnson v. Paynesville Farmers Union Coop. But because the district court failed to consider whether the Johnsons' non trespass claims that were not based on 7 C.F.R. In re NCAA Student-Athlete Names & Likeness Licensing Litigation. Because the Johnsons' interpretation nullifies part of the OFPA and the NOP, that interpretation is not reasonable, and we decline to adopt it. at 38889 (citing Borland v. Sanders Lead Co., 369 So.2d 523 (Ala.1979); Bradley v. Am. 205.671confirm this interpretation. In Highview North Apartments v. County of Ramsey, we held that disruption and inconvenience caused by a nuisance are actionable damages. 6511(c)(2). 445 Minnesota Street, Suite 1400 . Smelting & Ref. The Johnsons sought a permanent injunction under the nuisance statute, Minn.Stat. 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). The use of different words in the two provisions supports the conclusion that the sections address different behavior. Domagala v. Rolland, 805 N.W.2d 14, 22 (Minn.2011). JOHNSON v. PAYNESVILLE FARMERS UNION COOPERATIVE OIL COMPANY. 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. Relying on cases from other jurisdictions that were explicitly distinguished in Wendinger, the court of appeals held that pesticide drift can interfere with possession and therefore a trespass action can arise from a chemical pesticide being deposited in [discernible] and consequential amounts onto one agricultural property as the result of errant overspray during application directed at another. Id. 6511(c)(1). WebThe best poems for funerals, memorial services., and cards. 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)). FARFA also advocates for consumers access to information and resources to obtain healthy foods of their 
After receiving the results of the chemical testing, the MDA informed the parties that test results revealed that the chemical dicamba was present, but below detection levels. The Court however held that the district court erred when it dismissed the Johnsons nuisance and negligence per se claims that were not grounded on section 205.202(b). 7 U.S.C. When people or tangible objects enter the plaintiff's land without permission, these entries disturb the landowner's right to exclusively possess her land. 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 
205.202(c) and 7 C.F.R. Minn.Stat. Oil Co. 205.202(b). We have not specifically considered the question of whether particulate matter can result in a trespass. We disagree. Web2 including their right to farm without fear of prosecution for patent infringement. The Johnsons, organic farmers, claimed that while Appellant, a cooperative, was spraying pesticide onto conventionally In addition, if unavoidable residual environmental contamination is present on the product at levels that are greater than those set for the substance at issue, the product may not be sold as organic. Affirmed in part, reversed in part, and remanded. See 7 C.F.R. 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. 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. at 388. 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. Such invasions may interfere with the landowner's use and enjoyment of her land, but those invasions do not require that the landowner share possession of her land in the way that invasions by physical objects do. 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. With respect to the nuisance claim, Minn.Stat. Appellant Paynesville Farmers Union Cooperative Oil Company (Cooperative) is a memberowned farm products and services provider that, WebRespondents Oluf and Debra Johnson (Johnsons) were organic farmers. WebMontgomery County, Kansas. Whether plaintiffstrespassclaim fails as a matter of law? W. Page Keeton et al., Prosser & Keeton on the Law of Torts, 13, at 70 (5th ed.1984). Defendant was a company that sprayed pesticide on conventionally farmed fields adjacent to the plaintiffs fields. 
Smelting & Ref. 709 P.2d at 784, 790. Drifted particles did not affect plaintiffs possession of the land. 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. 205.202(b). State, 837 N.W.2d 714, 720 (Minn.2013)); accord Johnson v. Paynesville Farmers Union Co-op. Trial court was correct in concluding that plaintiffstrespassclaim failed as a matter of law. 
This provision therefore does not support the conclusion that section 205.202(b) should be read to cover conduct by third parties. A10-1596& A10-2135 State of Minnesota Supreme Court Oluf Johnson and Debra Johnson, Respondents, vs. Paynesville Farmers Union Cooperative Oil These cases go beyond our precedent because they conclude that intangible objects can support a claim for trespass to land. 323 N.W.2d 65, 73 (Minn.1982). Contact us. To the extent that the Johnsons' proposed amended complaint includes such claims, the district court properly denied the Johnsons' motion to amend. Bd. Plaintiffs sued defendant fortrespass. The Johnsons also reported the alleged pesticide drift to their organic certifying agent, the Organic Crop Improvement Association (OCIA), as they were required to do under the NOP. , 132 S.Ct. And because there was discretion to decertify, the court of appeals concluded that the Johnsons had offered sufficient evidence to survive summary judgment. To see those casebooks, please click on a subject below. See Minn. Stat 561.01. 
The court of appeals reversed. The OFPA focuses on the producers and handlers of the products that are marketed and sold as organic. See 7 U.S.C. This conclusion flies in the face of our rules of construction as well as common sense. Rather, this section governs an organic producer's intentional application of prohibited substances onto fields from which organic products will be harvested .15. They also contend that the drift caused additional record-keeping and other burdens in connection with the operation of their farm. We begin with a discussion of the tort of trespass. I also dissent from the court's interpretation of 7 C.F.R. In both cases, the court of appeals held that such invasions do not, as a matter of law, constitute trespass. Because the Cooperative was not, and could not be, the proximate cause of the Johnsons' damage, we hold that the district court properly granted summary judgment to the Cooperative on the Johnsons' nuisance and negligence per se claims based on section 205 .202(b). 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). See Adams v. ClevelandCliffs Iron Co., 237 Mich.App. at 389. 205.202(b), does not, however, end our analysis of those claims. 
WebAssistant Attorneys General . 205.202(b), within the context of the OFPA's focus on regulating the practices of the producer of organic products, we conclude that this phrase unambiguously regulates behavior by the producer. The court of appeals reversed. 6511(a). Greenwood v. Evergreen Mines Co., 220 Minn. 296, Paul v. Faricy This principle is to be distinguished from the rule governing cases wherein the adoption of a plan and its 13 Citing Cases Case Details See, e.g., Sime, 213 Minn. at 481, 7 N.W.2d at 328. 
See, e.g., Martin v. Reynolds Metals Co., 221 Or. Johnson Funeral Home in Paynesville 308 Hudson Ave Paynesville, MN 56362 (320) 243-3618 Click to show location on map Zoom About Johnson Funeral Home The caring burial directors at Johnson Funeral Home provide specialised funeral solutions designed to satisfy the needs of 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). 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. 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. 6501-6523 (2006) (OFPA), on regulating the practices of the producer of organic products, the phrase unambiguously regulates behavior by the producer. 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. With this regulatory scheme in mind, we turn to the incidents that gave rise to this lawsuit. Section 205.202(c) provides that any field from which crops are intended to be sold as organic must have distinct boundaries and buffer zones to prevent unintended application of a prohibited substance. Section 205.400 details the requirements that a producer must meet in order to gain organic certification. 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. WebJohnson v. Paynesville Farmers Union Coop. 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. Some pesticides drifted onto and contaminated plaintiffs organic fields and organic products. See Johnson, 802 N.W.2d at 389. WebPaynesville Farmers Union Co-op Oil Comp., 817 N.W. But the court of appeals reversed, holding that the phrase applied to it implicitly includes unintentional pesticide drift, and that therefore OCIA had discretion to decertify the Johnsons' soybean field under section 205.202(b). WebOluf Johnson and Debra Johnson, Petitioners v. Paynesville Farmers Union Cooperative Oil Company :: Supreme Court of the United States :: Administrative Proceeding No. 205.200 (2012) (The producer or handler must comply with the applicable provisions); 7 C.F.R. 6503(d) (stating that the OFPA is implemented by certifying agents authorized through the Secretary of Agriculture); 7 C.F.R. 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. ] The court concludes that this regulation does not apply to the alleged conduct here because a pesticide is not applied to a farm if its presence is caused by drift, as opposed to being directly applied by the organic farmer. We agree with the district court that section 205.202(b) does not regulate the Cooperative's pesticide drift. Bradley v. Am. We have previously held that invasion by water constitutes a trespass and invasion by a bullet constitutes a trespass. 205.100, .102 (describing which products can carry the organic label). 2405, 165 L.Ed.2d 345 (2006) ([T]he question is whether Congress intended its different words to make a legal difference. WebJohnson v. Paynesville Farmers Union Cooperative Oil Co. 817 N.W. 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. 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. Fredin v. Middlecamp, Case No. The court of appeals forged new ground in this case and extended Minnesota trespass jurisprudence when it held that a trespass could occur through the entry of intangible objects, such as the particulate matter at issue here. Simply put, the policy concerns that have compelled other jurisdictions to abandon the traditional view of trespass are not present in Minnesota. 
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. Minnesota Attorney Generals Office . 295, 297 (1907) (bullets and fallen game). We turn first to the portion of the Johnsons' nuisance and negligence per se claims that are based on 7 C.F.R. 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. We are not to adopt an interpretation that renders one section of the regulatory scheme a nullity. Agency, http://www .epa.gov/pm/ (last updated June 28, 2012). Producers also must keep records for 5 years concerning the production of agricultural products sold as organically produced. 7 U.S.C. Should the agent determine that the residue came from the intentional application of a prohibited substance, the product may not be sold as organic. 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. After receiving these test results, the Johnsons took the affected alfalfa field out of organic production for an additional 3 years. 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. Respondents Oluf and Debra Johnson (Johnsons) are organic farmers. But any such directive was inconsistent with the plain language of 7 C.F.R. The MDA also reported that the chemicals diflufenzopyr and glyphosate were not present. 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