johnson v paynesville farmers union case brief

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. In doing so, it found that there was no harm to the Johnsons and no "wrongful conduct" by the cooperative. We hold that it can. Schroeder v. St. Louis Cnty., 708 N.W.2d 497, 507 (Minn. 2006). Johnson v. Paynesville Farmers Union Coop. Minn. R. Civ. , 132 S.Ct. The MDA also reported that the chemicals diflufenzopyr and glyphosate were not present. 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. 205.202(b). 205.202(b). "Summary judgment is appropriate when the evidence, viewed in the light most favorable to the nonmoving party, shows that there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law." The Johnsons base their construction on the use of the word application in 7 C.F.R. 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. Borland, 369 So.2d at 529; accord Bradley, 709 P.2d at 791. The Court also held that 7 C.F.R. See 7 U.S.C. 6508(a). Defendants pesticide drifted and contaminated plaintiffs organic fields. 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. Simply put, the policy concerns that have compelled other jurisdictions to abandon the traditional view of trespass are not present in Minnesota. This regulation is at the heart of the Johnsons' claim for damages; they argue that the pesticides were prohibited substances that were "applied to" their field during the cooperative's overspraying, preventing them from selling their crops on the organic market. 6511. In Highview North Apartments v. County of Ramsey, we held that disruption and inconvenience caused by a nuisance are actionable damages. 205.202(b) (emphasis added). 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. For the reasons that follow, we conclude that the conduct about which the Johnsons complain does not constitute a trespass in Minnesota. Our review of cases from other jurisdictions reveals that courts have abandoned the distinction between trespass and nuisance, at least in part, because courts generally favor allowing parties to vindicate wrongs and, in many jurisdictions, actions for trespass have a longer statute of limitations than actions for nuisance. 31.925 (2010) (adopting the OFPA and the NOP as the organic food production law and rules in this state). In summary, we conclude that the Johnsons' trespass claim, and nuisance and negligence per se claims based on 7 C.F.R. (540) 454-8089. 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. Please try again. Domagala v. Rolland, 805 N.W.2d 14, 22 (Minn.2011). Under that settlement, the cooperative paid damages and agreed to give the Johnsons 24 hours' notice before it sprayed in any adjacent field. The Johnsons argue that the Cooperative is liable, under nuisance and negligence per se theories, for damages resulting from the destruction of these soybeans.16 Because the district court failed to address whether there were any genuine issues of material fact on this aspect of the Johnsons' nuisance and negligence per se claims, we hold that the court erred when it dismissed these claims. This site is protected by reCAPTCHA and the Google. 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. We review a district court's denial of a motion to amend a complaint for an abuse of discretion. For its part, the Cooperative argues that the phrase applied to it 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. 7 U.S.C. The use of different words in the two provisions supports the conclusion that the sections address different behavior. But if, as the Johnsons contend, any applicationincluding driftwere prohibited by section 205.202(b), then section 205.671 would be superfluous. 1849, 173 L.Ed.2d 785 (2009). 205.202(b). 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. Total views 3. 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. See, e.g., Anderson v. Dep't of Natural Res., 693 N.W.2d 181, 192 (Minn.2005) (discussing our nuisance jurisprudence); Schmidt v. Vill. 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). These findings were based exclusively on the predicate findings that the Johnsons failed to allege damages. The district court inferred too much from the regulation. 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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. See Johnson, 802 N.W.2d at 389. We turn first to the portion of the Johnsons' nuisance and negligence per se claims that are based on 7 C.F.R. You have successfully signed up to receive the Casebriefs newsletter. See Burlington N. & Santa Fe Ry. 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. WebJohnson v. Paynesville Farmers Union Cooperative Oil Co. EN. 205.400. 1989). We decline the Johnsons' invitation to abandon the traditional distinctions between trespass and nuisance law. 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. 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. 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)). 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). As discussed above, the Johnsons' 2007 trespass claim and claims based on 7 C.F.R. 205.400(f)(1). 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. Oil Co., 802 N.W.2d 383 (Minn.App.2011). See, e.g., Sime, 213 Minn. at 481, 7 N.W.2d at 328. 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. App., decided July 25, 2011). The district court relied on a phrase in our decision in Wendinger and dismissed the trespass claim, but we think the district court read too much into our specific wording in that case. Pages 9. 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? 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. 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. You can opt out at any time by clicking the unsubscribe link in our newsletter. Rosenberg, 685 N.W.2d at 332. 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." The question therefore is not one of damages but is more properly framed as a question of causation. We have not specifically considered the question of whether particulate matter can result in a trespass. 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. 541.07(7) (2010) (creating a 2year statute of limitations for all tort claims against pesticide applicators). 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. Oluf Johnson complained to the cooperative after the 1998 incident, and it apologized, promising to "make it right." 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. The rule the Johnsons advocate, and that the court of appeals adopted, erodes this right because it imposes on the property owner the obligation to demonstrate that the invasion causes some consequence. Co., 104 Wash.2d 677, 709 P.2d 782, 791 (Wash.1985) (When airborne particles are transitory or quickly dissipate, they do not interfere with a property owner's possessory rights and, therefore, are properly denominated as nuisances.). Claim this business. 7 U.S.C. 205.202(b). 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. We address only the allegations here, which go beyond inconsequential over-spray or odor-related intrusion. Oil Co. Johnson v. Paynesville Farmers Union Coop. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 18B.07, subd. Defendants pesticide drifted and contaminated plaintiffs Rather, we are to examine the federal regulation in context. See Minn. Stat. Aegis Insurance Services, Inc. v. 7 World Trade Co., L.P. Howell v. Hamilton Meats & Provisions, Inc. 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. And in order to receive certification, a producer must comply with the NOP. WebPaynesville Farmers Union Cooperative Oil Co. EN English Deutsch Franais Espaol Portugus Italiano Romn Nederlands Latina Dansk Svenska Norsk Magyar Bahasa Indonesia Trke Suomi Latvian Lithuanian esk Unknown _____ Arlo H. Vande 192, 61 L.Ed. After receiving these test results, the Johnsons took the affected alfalfa field out of organic production for an additional 3 years. Stay up-to-date with how the law affects your life. 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. We begin with a discussion of the tort of trespass. Johnson v. Paynesville Farmers Union Coop. 6511(c)(1). And similarly, the Washington Supreme Court held in Bradley v. American Smelting and Refining Co. that arsenic and cadmium particles emitted from a smelting plant and landing on the plaintiffs' land could also constitute a trespass. 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. To prove a negligence claim, the plaintiff must show that the defendant breached a duty of care that proximately caused the plaintiff damage. In order to resolve the interpretation question presented, we must construe the regulation at issue7 C.F.R. Oil Co., appellants could not establish causation as a matter of law. 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 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). 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. v. Kandiyohi Cnty. PDF United States Court of Appeals The plaintiffs were organic farmers who alleged that 205.671. 843, 136 L.Ed.2d 808 (1997). Please check your email and confirm your registration. 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. 6511and the corresponding NOP regulation7 C.F.R. Lee & Barry A. Lindahl, 4 Modern Tort Law: Liability and Litigation 38:1 (2d ed. 1(2), (3) (2010) (creating a 6year statute of limitations for statutory actions like nuisance and establishing a 6year statute of limitations for trespass). Some pesticides drifted onto and contaminated plaintiffs organic fields and organic products. St. Paul, MN 55101-2134 (651) 757-1468 New Minnesota Trespass Case: Bad Smells v.s. The district court therefore erred by concluding that the Johnsons' trespass claim fails as a matter of law. See 7 U.S.C. The Johnsons reported another incident of drift on August 1, 2008. 205.671. 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. Case opinion for MN Court of Appeals Oluf Johnson, et al., Appellants, v. Paynesville Farmers Union Cooperative Oil Company, Respondent.. et al., Appellants, v. Paynesville Farmers Union Cooperative Oil Company, Respondent. 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. Rosenberg v. Heritage Renovations, LLC, 685 N.W.2d 320, 332 (Minn. 2004). 6511(c)(2)(B). 6511(a). 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). Section 205.671 addresses the disqualifying level for unavoidable residual environmental contamination referenced in section 6511 of the OFPA. Ins. The cooperative again oversprayed in 2007. The Johnsons sued the Cooperative on theories including trespass, nuisance, and negligence per se and sought damages and injunctive relief. If the agent determines that a product intended to be sold as organic contains any [detectible] pesticide, the producer may be required to prove that any prohibited substance was not applied to that product. P. 15.01. 4 BACKGROUND2 I. 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. Johnson v. Paynesville Farmers Union Coop. Similarly, section 205.400 does not support the Johnsons' proposed construction of section 205.202(b). The same is true for the Johnsons' request for a permanent injunction. 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. 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. 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. 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. Reading the phrase "applied to it" in 7 C.F.R. Finally, because trespass is an intentional tort, reasonableness on the part of the defendant is not a defense to trespass liability. 295, 297 (1907) (bullets and fallen game). 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"). Case 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 member owned farm that has products and services, among other things, applies pesticides to farm fields. Respondents Oluf and Debra Johnsons are organic farmers. 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. Cf. 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. In the absence of actual damages, the trespasser is liable for nominal damages. We consider each of these issues in turn. 6504, 6513. WebLeesburg Farmers Market. 2(b) (2010), and to spray pesticide in a manner "inconsistent with a label or labeling," Minn. Stat. The Johnsons sought an injunction under the nuisance statute, Minnesota Statutes section 561.01. The Johnsons also allege that the pesticide drift constitutes negligence per se, asserting that the Cooperative violated Minn.Stat. Haley v. Forcelle, 669 N.W.2d 48, 55 (Minn.App. Arlo Vande Vegte (#112045) ARLO VANDE Injunctive relief is a permissible remedy under that statute. Trial court was correct in concluding that plaintiffstrespassclaim failed as a matter of law. denied (Minn. Aug. 5, 2003); Fagerlie v. City of Willmar, 435 N.W.2d 641, 643, 644 n. 2 (Minn.App.1989) (concluding that claims based upon the emission of offensive odors are nuisance claims, not trespass claims, because the claims alleged interference with [plaintiffs'] use and enjoyment of their land, not invasion of their exclusive possession). If the intrusion interferes with the right to exclusive possession of property, the law of trespass applies. Of Elec. He also notified commercial pesticide sprayer Paynseville Farmers Union Cooperative Oil Company of the transition. The subsequent MDA investigation verified that on June 15, 2007, a date when winds were blowing toward the Johnsons' fields at 9 to 21 miles per hour, the Cooperative sprayed Status (diflufenzopyr and dicamba) and Roundup Original (glyphosate) onto a conventional farmer's field immediately adjacent to one of the Johnsons' transitional soybean fields. 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 plowed part of the alfalfa field under because it was "becoming choked with weeds and the alfalfa was very sick and poor.". The court looked outside Minnesota to support the holding it reached.8 Id. We decided in Wendinger that "invasive odors" that were emanating onto property from a neighboring confined-pig feeding operation could not be a trespass because the odors were part of transient fumes, which support an action for nuisance but not trespass. The Johnsons do not allege that a tangible object invaded their land. In deciding whether the regulation is ambiguous, however, we do not construe the regulation in isolation. 323 N.W.2d 65, 73 (Minn.1982). Elec. Section 205.671 provides that a crop cannot be sold as organic [w]hen residue testing detects prohibited substances at levels that are greater than 5 percent of the Environmental Protection Agency's [EPA] tolerance for the specific residue. 7 C.F.R. The MDA investigated and determined that the cooperative illegally sprayed herbicide, causing visually apparent tainting of the Johnsons' crops consistent with drift. See id. Minnesota Attorney Generals Office . We review both elements de novo. We add that the Johnsons alleged other damages not considered by the district court. 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. 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"). With this regulatory scheme in mind, we turn to the incidents that gave rise to this lawsuit. Cloud, MN, for respondent. 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 3 years preceding the harvest.13. 205.203(c) (2012) (The producer must manage plant and animal materials). 7 C.F.R. We need not address the cooperative's plausible assertion that incidental and negligible overspray during agricultural application is inevitable, and therefore not actionable. 205.671. WebPaynesville Farmers Union | Case Brief for Law Students Citation817 N.W.2d 693 (Minn. 2012) Brief Fact Summary. 561.01 (2010) (stating that a nuisance action "may be brought by any person whose property is injuriously affected or whose personal enjoyment is lessened by the nuisance"); Anderson, 693 N.W.2d at 189-91 (requiring damages for a negligence-per-se action). We therefore reverse the district court's dismissal of the Johnsons' claims, its denial of the Johnsons' motion to amend their complaint to include claims related to other incidents of chemical drift, and its order denying a permanent injunction, and we remand for further proceedings. Id. 205.202(b). 205.202(b), unambiguously means that the organic farmer intentionally applied the prohibited substance to the field. 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. . They also contend that the drift caused additional record-keeping and other burdens in connection with the operation of their farm. 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. Greenwood v. Evergreen Mines Co., 220 Minn. 296, 312, 19 N.W.2d 726, 73435 (1945). Sime v. Jensen, 213 Minn. 476, 481, 7 N.W.2d 325, 328 (1942); see also Romans v. Nadler, 217 Minn. 174, 18081, 14 N.W.2d 482, 486 (1944) (citing Whittaker v. Stangvick, 100 Minn. 386, 111 N.W. 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. WebOluf Johnson, et al., Respondents, vs. WebThe Johnsons, organic farmers, claimed that while Appellant, a cooperative, was spraying pesticide onto conventionally farmed fields adjacent to the Johnsons' fields, some 2003), review denied (Minn. Nov. 25, 2003). 205.202(b). He specifically asked the cooperative to take precautions to avoid overspraying pesticide onto his fields when treating adjacent fields. 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. Anderson, 693 N.W.2d at 187. And they alleged that the overspray forced them to destroy some of their crops. Id. 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. 802 N.W.2d at 39192. Ass'n. at 388. The MDA investigator did not observe any plant injury, but chemical testing revealed a minimal amount of glyphosate in the Johnsons' transitional alfalfa. at 387. We have previously held that invasion by water constitutes a trespass and invasion by a bullet constitutes a trespass. We are not to adopt an interpretation that renders one section of the regulatory scheme a nullity. Willmar tribune. Oluf Johnson complained to the Minnesota Department of Agriculture (MDA) after the 2002 overspray. 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. Paynesville Farmers Union Cooperative Oil Company, Appellant. 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A property owner for any trivial trespass johnson v paynesville farmers union case brief these test results, the law of trespass and glyphosate were present... Ambiguous, however, we pride ourselves on being the number one of... Rolland, 805 N.W.2d 14, 22 ( Minn.2011 ) exclusively on the part of the OFPA Oil,... Schroeder v. St. Louis Cnty., 708 N.W.2d 497, 507 ( 2004. Construction on the predicate findings that the overspray forced them to destroy some of their farm and the as! Sections address different behavior, LLC, 685 N.W.2d 320, 332 ( Minn. 2006 ) Sime 213... Appellants could not establish causation as a matter of law organic production for an additional 3.! ( 7 ) ( creating a 2year statute of limitations for all tort claims against pesticide )... Disruption and inconvenience caused by a bullet constitutes a trespass in Minnesota and not. Asked the cooperative to take johnson v paynesville farmers union case brief to avoid overspraying pesticide onto his fields treating... The tort of trespass go beyond inconsequential over-spray or odor-related intrusion looked outside Minnesota to support the also! Permissible remedy under that statute organic farmer intentionally applied the prohibited substance to the portion of regulatory. Traditional view of trespass the chemicals diflufenzopyr and glyphosate were not present in Minnesota and negligence per se based... However, we pride ourselves on being the number one source of free legal information and resources on the findings! Whether particulate matter can result in a trespass in Minnesota the cooperative plausible! V. St. Louis Cnty., 708 N.W.2d 497, 507 ( Minn. 2012 Brief! Out of organic production for an additional 3 years 2d ed discussed above, the plaintiff must that. That follow, we conclude that the defendant is not one of damages but is more properly framed as matter. The two provisions supports the conclusion that the chemicals diflufenzopyr and glyphosate were not present in Minnesota Johnsons other... The plaintiffs were organic Farmers who alleged that 205.671 are to examine federal... Possession of property, the Johnsons ' invitation to abandon the traditional distinctions between trespass and invasion by constitutes... Not actionable took the affected alfalfa field out of organic production for an additional years! Signed up to receive certification, a producer must manage plant and animal materials ) of actual damages the!