johnson v paynesville farmers union case brief
The Johnsons sued the Cooperative on theories including trespass, nuisance, and negligence per se and sought damages and injunctive relief. Trial court was correct in concluding that plaintiffstrespassclaim failed as a matter of law. Our conclusion that the district court properly dismissed the Johnsons' negligence per se and nuisance claims based on 7 C.F.R. at 38889 (citing Borland v. Sanders Lead Co., 369 So.2d 523 (Ala.1979); Bradley v. Am. Similarly, section 205.400 does not support the Johnsons' proposed construction of section 205.202(b). 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. 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 Did to 7 C.F.R. Oil Co., 802 N.W.2d 383 (Minn.App.2011). The OFPA thus contemplates that organic products with some amount of prohibited substance residue on them may be marketed and sold as organic. I disagree with the breadth of the court's holding. Please try again. The MDA concluded that drift from the Cooperative's spraying caused both of the positive test results. We decline the Johnsons' invitation to abandon the traditional distinctions between trespass and nuisance law. Stay up-to-date with how the law affects your life. Every Bundle includes the complete text from each of the titles below: PLUS: Hundreds of law school topic-related videos from 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. Moreover, it is not necessary for us to depart from our traditional understanding of trespass because other causes of actionnuisance and negligenceprovide remedies for the type of behavior at issue in this case. On July 3, 2008, the Johnsons reported another incident of alleged contamination to the MDA. 802 N.W.2d at 39192. The NOP regulation that specifically implements this compliance provision in the statute7 C.F.R. The Johnsons reported another incident of drift on August 1, 2008. 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. W. Page Keeton et al., Prosser & Keeton on the Law of Torts, 13, at 70 (5th ed.1984). 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. United States; Supreme Court of Minnesota (US) 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). 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. But, as set forth above, the Johnsons' nuisance claim, to the extent it is not based on 7 C.F.R. 6511(c)(1). 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. Lee & Barry A. Lindahl, 4 Modern Tort Law: Liability and Litigation 38:1 (2d ed. ; see Highview N. Apartments, 323 N.W.2d at 73. But there is no statute of limitations difference in Minnesota. WebJohnson v. Paynesville Farmers Union Cooperative Oil Co. 817 N.W. See Burlington N. & Santa Fe Ry. 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. See, e.g., Caraco Pharm. Oil Co., 802 N.W.2d 383 (Minn. Ct. App. In addition, the Johnsons claim damages for actual crop losses, inconvenience, and adverse health effects. 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. Johnson v. Paynesville Farmers Union Coop. Co. v. White, 548 U.S. 53, 6263, 126 S.Ct. / 37.200N 95.733W / 37.200; -95.733. Keeton, supra, 13 at 7172. 2d 693 (2012) Parties: Oluf Johnson, Respondent, Paynesville Farmers Union Co-op Oil Company, Appellant. The Text link goes to the freely available Google Scholar text of the opinion. In other words, the Johnsons did not market soybeans harvested from this field as organic for an additional 3 years. 205.202(b). Smelting & Ref. WebJohnson v. Paynesville Farmers Union Coop. In addition to these general provisions, the OFPA also establishes certain crop production practices that are prohibited when producers seek to sell products as organic. 205.202(b). Under the plain language of 7 C.F.R. 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. 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. 205.202(b). 2d 693 (2012) Johnson v. Penny 779 N.W. 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. 
205.202(b), within the context of the focus of the Organic Foods Production Act of 1990, 7 U.S.C.S. In both cases, the court of appeals held that such invasions do not, as a matter of law, constitute trespass. Click here to upload. 
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. It is the right of the owner in possession to exclusive possession that is protected by an action for trespass. Specifically, if the residue is caused by environmental contamination, but does not exceed the requisite levels, the product may continue to be sold as organic. of Ramsey, 323 N.W.2d 65, 71 (Minn.1982).9. 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 See 7 U.S.C. 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. 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