at 391. In contrast to the provisions that specifically regulate the behavior of producers, the language in section 205.202(b) focuses on a characteristic of the field and does not refer to the producer, handler, or farmer. 5 were here. See, e.g., Caraco Pharm. The defendant's liability for nuisance is determined by balancing the social utility of the defendants' actions with the harm to the plaintiff. Highview N. Apartments, 323 N.W.2d at 71. 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. See 7 C.F.R. $250. 843, 136 L.Ed.2d 808 (1997). They asserted separately that some of the chemicals, presumably fertilizers, enhanced weed growth. 7 C.F.R. 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. 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. Retired judge of the Minnesota Court of Appeals, serving by appointment pursuant to Minn. Const. 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. As is true for the OFPA and the NOP as a whole, section 205.202(c) is also directed at the producer of organic products, not third parties. While section 205.202(a) implicitly references producers and handlers, by referring to provisions that specifically prescribe their conduct, section 205.202(b) does not do so in any way. Before discussing the factual background of this case, it is helpful to briefly summarize the organic farming regulations at issue. We agree with the district court that section 205.202(b) does not regulate the Cooperative's pesticide drift. Every Bundle includes the complete text from each of the titles below: PLUS: Hundreds of law school topic-related videos from You're all set! Because the regulations and commentary fail to expressly state what happens if drift causes a less-than-five-percent contamination to an organic farm, we assume that the certifying agent has the discretion to decertify or not decertify the field. 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. Injunctive relief is a permissible remedy under that statute. 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. The more specific holdings in chemical drift trespass cases in other jurisdictions are consistent with our holding today. Section 205.671 addresses the disqualifying level for unavoidable residual environmental contamination referenced in section 6511 of the OFPA. And the defendant's entry must be done by means of some physical, tangible agency in order to constitute a trespass. The Johnsons base their construction on the use of the word application in 7 C.F.R. 7 U.S.C. The Johnsons appeal. And in a case alleging damages caused by pesticides, like this case, the applicable statute of limitations is 2 years regardless of the type of claim the plaintiff brings. The question therefore is not one of damages but is more properly framed as a question of causation. The district court dismissed these claims on the ground that under Johnson v. Paynesville Farmers Union Coop. 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. Weborganic - Page 14 - Food & Beverage Litigation Update The connection between actual and proximate causation, Aegis Insurance Services, Inc. v. 7 World Trade Co. V. UNITED . Plaintiffs were farmers who grew organic crops. 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. We have previously held that invasion by water constitutes a trespass and invasion by a bullet constitutes a trespass. If it is not ambiguous, we apply the plain and ordinary meaning of the words used. 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. The district court granted, in part, the Johnsons' motion for a temporary injunction on June 26, 2009, requiring the Cooperative to give the Johnsons notice before it sprayed pesticides on land adjoining the Johnsons' organic farm. See Minn. Stat 561.01. . Because the district court erred by finding no damages were shown by the Johnsons, we reverse the dismissal of the Johnsons' nuisance and negligence-per-se claims. Under the plain language of 7 C.F.R. 6511(a). 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. Although neither Wendinger nor other Minnesota cases have directly addressed the issue, the reasoning underlying decisions in similar neighbor-liability cases leads us to conclude that chemical pesticide drift can constitute a trespass. 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. 2003), review denied (Minn. Aug. 5, 2003). Minn. Stat. Domagala v. Rolland, 805 N.W.2d 14, 22 (Minn.2011). We normally presume that, where words differ as they differ here, Congress acts intentionally and purposely in the disparate inclusion or exclusion. (citation omitted) (internal quotation marks omitted)). 7 U.S.C. 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. The MDA also reported that the chemicals diflufenzopyr and glyphosate were not present. The district court concluded that the Johnsons' trespass claim failed as a matter of law, relying on the court of appeals decision in Wendinger v. Forst Farms Inc., 662 N.W.2d 546, 550 (Minn.App.2003), which held that Minnesota does not recognize trespass by particulate matter.5 The district court also concluded that all of the Johnsons' negligence per se and nuisance claims failed as a matter of law because the Johnsons lacked evidence of damages. Minn.Stat. 2405, 165 L.Ed.2d 345 (2006) ([T]he question is whether Congress intended its different words to make a legal difference. Office of Appellate Courts . 6511. 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 Yes. In the absence of actual damages, the trespasser is liable for nominal damages. The district court initially issued a temporary injunction, but after dismissing the Johnsons' claims on the merits, it vacated that injunction and denied the Johnsons' request for a permanent injunction. at 550. 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. 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. Rosenberg v. Heritage Renovations, LLC, 685 N.W.2d 320, 332 (Minn.2004). We review a district court's denial of a motion to amend a complaint for an abuse of discretion. The gist of the tort of trespass, however, is the intentional interference with rights of exclusive possession. Dan B. Dobbs, The Law of Torts 50 at 95 (2000); see also Martin v. Smith, 214 Minn. 9, 12, 7 N.W.2d 481, 482 (1942) (The gist of the action of trespass is the breaking and entering of the plaintiff's close.). 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. It reasoned, "[A]s there is no evidence that chemical residue tests performed on the plants . of Aitkin, 266 N.W.2d 704, 705 (Minn.1978) (citation omitted); see generally 46 Dunnell Minn. Digest Trespass 1.02 (4th ed.2000). Smelting & Ref. 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. And we rely on the district court's findings unless they are clearly erroneous. The regulation says nothing about what should happen if the residue testing shows less than five-percent contamination. These cases go beyond our precedent because they conclude that intangible objects can support a claim for trespass to land. ] 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. WebJohnson v. Paynesville Farmers Union Cooperative Oil Co., 817 N.W.2d 693 (2012): Case Brief Summary - Quimbee Study Aids Case Briefs Overview Casebooks Case 7 U.S.C. Johnson again notified the MDA in 2008 about the cooperative's spraying in July and August. Rosenberg, 685 N.W.2d at 332. . But when the Johnsons gave the cooperative an invoice documenting their losses from the overspray, the cooperative refused to pay. 18B.07, subd. 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). The Johnsons sought a permanent injunction under the nuisance statute, Minn.Stat. And because there was discretion to decertify, the court of appeals concluded that the Johnsons had offered sufficient evidence to survive summary judgment. 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. Johnson, 802 N.W.2d at 39091. 205.202(b), does not, however, end our analysis of those claims. The Supreme Court (1) concluded that the Johnsons' trespass claim and claim for damages based on 7 C.F.R. Keeton, supra, 13 at 7172. 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). 295 (1907)). 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. 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. 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. Johnson v. Paynesville Farmers Union Coop. And because the court concluded that the Johnsons' claims arising from the 2008 incidents would necessarily fail as a matter of law under the same analysis, the court denied the Johnsons' motion to amend their complaint to include claims based on the 2008 incidents. 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." 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