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. Oil Co., appellants could not establish causation as a matter of law. Johnson again notified the MDA in 2008 about the cooperative's spraying in July and August. Before discussing the factual background of this case, it is helpful to briefly summarize the organic farming regulations at issue. 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). Actual damages are not an element of the tort of trespass. "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 Cooperative's pesticide drift therefore could not proximately cause the Johnsons' soybean field to be taken out of organic production for 3 years. We therefore hold that the district court did not err in concluding that the Johnsons' trespass claim failed as a matter of law.10. The cooperative points to section 205.671 to urge a different holding. 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. 205.662(a), (c) (providing that any noncompliance with the NOP can lead to decertification)). 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. 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. 561.01. 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. 6511(a). Because only one of the three chemicals was present based on its testing, the MDA concluded that it can not be proven if the detections were from drift. And even though the testing did not find diflufenzopyr, the MDA still required that the Johnsons plow down a small portion of the soybeans growing in the field because of the presence of dicamba and based on the visual damage observed to this crop. Borland, 369 So.2d at 529; accord Bradley, 709 P.2d at 791. 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. The same is true for the Johnsons' request for a permanent injunction. 80,548, 80,556 (Dec. 21, 2000) (codified at 7 C.F.R. 7 C.F.R. 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. We next address the district court's conclusion that the Johnsons failed to allege damages, an essential element of their nuisance and negligence-per-se claims. Bad smell, we held, was a nuisance rather than a trespass because, although the essence of the intruding matter was technically a physical substance, it interferes with enjoyment and use of the property but not with its possession. 6503(a) (directing the Secretary of Agriculture to establish an organic certification program for producers and handlers of agricultural products). 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 errant dispersion of pesticides, which contain chemicals designed to affect the land, can interfere with possession. . 6511(c)(2)(B). 18B.07, subd. 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. Petition for writ The use of different words in the two provisions supports the conclusion that the sections address different behavior. 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). A10-1596& A10-2135 State of Minnesota Supreme Court Oluf Johnson and Debra Johnson, vs. Paynesville Farmers Union Cooperative Oil Company, APPELLANT'S BRIEF AND ADDENDUM Date of Filing of Court of Appeals Decision: July 25, 2011 Kevin F. Gray (#185516) Respondents, Appellant. We have not specifically considered the question of whether particulate matter can result in a trespass. And [w]hile the existence of [causation] is usually a question of fact for the jury, when reasonable minds could reach only one conclusion, it is a question of law. Lietz v. N. States Power Co., 718 N.W.2d 865, 872 (Minn.2006) (quoting Canada v. McCarthy, 567 N.W.2d 496, 506 (Minn.1997)). But the disruption to the landowner's exclusive possessory interest is not the same when the invasion is committed by an intangible agency, such as the particulate matter at issue here. . 541.05, subd. 205.100, .102, .300 (2011); see also Minn. Stat. Web200790 City of Charlottesville v. Payne 04/01/2021 In a case seeking declaratory and injunctive relief against a citys actions relating to civil war memorial statues erected in the And the OFPA and NOP would not need a provision allowing crops with minimum levels of pesticide on them (i.e., less than 5 percent) to be sold as organic because such crops would necessarily have been harvested from fields ineligible for organic production. You have successfully signed up to receive the Casebriefs newsletter. 7 C.F.R. See 7 U.S.C. 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. See 7 U.S.C. STAR Ctrs., Inc. v. Faegre & Benson, L.L.P., 644 N.W.2d 72, 77 (Minn.2002). But the Johnsons argue that Bradley and Borland reflect the modern view of trespass and urge us to likewise abandon the traditional distinctions between trespass and nuisance when considering invasions by particulate matter. 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. 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. 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. 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 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. Annual Subscription ($175 / Year). Rosenberg, 685 N.W.2d at 332. 31.925 (2010) (adopting the OFPA and the NOP as the organic food production law and rules in this state). 205.202(b) (2012), (2) economic damages because they had to destroy some crops, (3) inconvenience, and (4) adverse health effects. Rather than adopt a categorical conclusion that particulate matter can never cause a trespass, I conclude, as discussed above, that it may constitute a trespass under some circumstances. 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. 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. The regulation says nothing about what should happen if the residue testing shows less than five-percent contamination. Trial court was correct in concluding that plaintiffstrespassclaim failed as a matter of law. In Johnson v. Paynesville Farmers Union Cooperative Oil Co., an organic farmer sued a member-owned farm products and services cooperative on claims including trespass, nuisance, and negligence after pesticide sprayed on conventional farm fields drifted onto the farmer's organic fields. WebPDF State of Minnesota Supreme Court 20-72 IN THE Supreme Court of the United States _____ JANET L. HIMSEL, ET AL., Petitioners, v. 4/9 LIVESTOCK, LLC, ET AL., Respondents. The court of appeals reversed. 7 U.S.C. v. Kandiyohi Cnty. For example, producers must prepare a plan for the operation of their farms in order to obtain certification to sell their products as organic. The Johnsons reported another incident of drift on August 1, 2008. 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. 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. The Johnsons assert that the Cooperative trespassed when it sprayed pesticide onto a neighboring conventional field and wind carried the pesticide, as particulate matter, onto the Johnsons' land. of Mapleview, 293 Minn. 106, 10809, 196 N.W.2d 626, 62829 (1972); Huber v. City of Blue Earth, 213 Minn. 319, 322, 6 N.W.2d 471, 473 (1942). The cooperative oversprayed adjacent fields again in 2005 and the Johnsons again contacted the MDA. (Emphasis added). 205). address. 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. The supreme court has explained that "the intentional throwing of [an object] upon [another's] property would constitute a trespass." In response to this MDA directive, the Johnsons destroyed approximately 10 acres of their soybean crop. 295 (1907)). 205.202(b), unambiguously means that the organic farmer intentionally applied the prohibited substance to the field. 1987). The court of appeals reversed. 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). 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. In addition, the Johnsons claim damages for actual crop losses, inconvenience, and adverse health effects. 205.202(b) (2012). Specifically, the court concluded that the Johnsons had no evidence of damages from any alleged drift because there is no evidence said drift caused [the Johnsons] to lose their organic certification and there is no evidence that [the Johnsons] could not still sell their crops as organic since the levels of prohibited substances were below the applicable tolerance levels. Based on this conclusion, the court granted the Cooperative summary judgment and dismissed the Johnsons' nuisance and negligence per se claims. 205.202(b). But we conclude that the district court erred in (1) dismissing the Johnsons' nuisance and negligence per se claims to the extent those claims are not based on 7 C.F.R. Haley v. Forcelle, 669 N.W.2d 48, 55 (Minn.App. For the reasons that follow, we conclude that the conduct about which the Johnsons complain does not constitute a trespass in Minnesota. 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. 369 So.2d at 52526. 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. 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). Minn. Stat. Plaintiffs sued defendant fortrespass. Labs., Ltd. v. Novo Nordisk A/S, U.S. See Adams v. ClevelandCliffs Iron Co., 237 Mich.App. The MDA investigator did not observe any plant injury, but chemical testing revealed a minimal amount of glyphosate in the Johnsons' transitional alfalfa. 7 U.S.C. Special Force Ministries v. WCCO Television, 584 N.W.2d 789, 792-93 (Minn.App. 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 . 32 Catoctin Cir SE Leesburg VA 20175. 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. The district court inferred too much from the regulation. 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). 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. 205.202(b). 1998), review denied (Minn. Dec. 15, 1998). But, as set forth above, the Johnsons' nuisance claim, to the extent it is not based on 7 C.F.R. Under these guidelines, if a prohibited substance is detected on a product sold or labeled as organic, the certifying agent must conduct an investigation to determine whether there has been a violation of the federal requirements. Schroeder v. St. Louis Cnty., 708 N.W.2d 497, 507 (Minn. 2006). Chemical Spray If the land is under lease, the lessee might be the person who has 774 F.3d 1185 - DRB NO. 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 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. The district court dismissed the Johnsons' nuisance and negligence per se claims because the court concluded that the Johnsons had not proven damages. Thereafter, the Johnsons sued the Cooperative, on theories including trespass, nuisance, and negligence per se and sought damages and injunctive relief. Id. 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. Sign up for our free summaries and get the latest delivered directly to you. Johnson v. Paynesville Farmers Union Cooperative Oil Co Case Brief Summary | Law Case Explained Quimbee 37.2K subscribers Subscribe 2 Share 167 The NOP regulation that specifically implements this compliance provision in the statute7 C.F.R. 843, 136 L.Ed.2d 808 (1997). 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. The Johnsons urge us, however, to construe the phrase applied to it to include actions of third parties, such as the pesticide drift that resulted from the Cooperative's spraying activity at issue here. . . 7 U.S.C. The MDA found that the cooperative repeatedly applied pesticide on windy days. 205.203(b) (2012) (The producer must manage crop nutrients and soil fertility); 7 C.F.R. 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. Minn.Stat. 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. Because those rest on erroneous conclusions of law, the district court's reason for denying the injunction fails. Id. 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. 205.202(b), remains viable. 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. 205.671. 805 N.W.2d 14 - DOMAGALA v. ROLLAND, Supreme Court of 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. Remanded. 709 P.2d at 784, 790. 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. See, e.g., Caraco Pharm. 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. Contact us. Oil Co. Poppler v. Wright Hennepin Coop. 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"). 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.). Appellant Paynesville Farmers Union Cooperative Oil Company (Cooperative) is a member owned farm products and services provider that, among Lee & Barry A. Lindahl, 4 Modern Tort Law: Liability and Litigation 38:1 (2d ed. Similarly, section 205.400 does not support the Johnsons' proposed construction of section 205.202(b). Oil Co., No. 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. The court of appeals reversed. The OFPA thus contemplates that organic products with some amount of prohibited substance residue on them may be marketed and sold as organic. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. Co., 104 Wash.2d 677, 709 P.2d 782 (Wash.1985)). _____ Arlo H. Vande The Johnsons' claim is that the Cooperative's actions have prevented them from using their land as an organic farm, not that any action of the Cooperative has prevented the Johnsons from possessing any part of their land. The Johnsons' remedy for the certifying agent's error was an appeal of that determination because it was inconsistent with the OFPA. VI, 10. 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. First, the language of section 205.202(b) is silent with respect to who applied the prohibited substances. When we read the phrase applied to it in 7 C.F.R. 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. In terms of size, the largest inhalable coarse particles are 10 micrometers in diameter; that is one-seventh the diameter of a strand of human hair. And while wafting odors will not affect the composition of the land, a liquid chemical pesticide or herbicide being sprayed for agricultural purposes will; by design, it descends and clings to soil or plants, killing organisms. . James A. Henderson, Jr. et al., The Torts Process 386 (7th ed.2007). Because these identify at least potential bases to recover damages, see Highview N. Apartments v. Cnty. In Highview North Apartments v. County of Ramsey, we held that disruption and inconvenience caused by a nuisance are actionable damages. The district court granted summary judgment to Appellant and dismissed all of the Johnsons' claims. 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. 205.203(c) (2012) (The producer must manage plant and animal materials). No Minnesota case has addressed whether unwanted pesticide drift from a targeted field to an adjacent otherwise organic farming operation can constitute a trespass. 205.671, the Johnsons could have sold their crops as organic and therefore the Johnsons did not prove damages. The appellate court reversed. In doing so, it found that there was no harm to the Johnsons and no "wrongful conduct" by the cooperative. Please try again. New Minnesota Trespass Case: Bad Smells v.s. 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. And the defendant's entry must be done by means of some physical, tangible agency in order to constitute a trespass. Id. Under that settlement, the cooperative paid damages and agreed to give the Johnsons 24 hours' notice before it sprayed in any adjacent field. Regarding the 2007 overspray, the district court dismissed the trespass claim because it concluded that "trespass by particulate matter" is not recognized in Minnesota; it dismissed the nuisance and negligence-per-se claims because the Johnsons presented no evidence that the cooperative's spraying caused damages; and it dismissed the battery claim for lack of evidence of intent. 6511(c)(2). He also notified commercial pesticide sprayer Paynseville Farmers Union Cooperative Oil Company of the transition. Final 2.docx - Final Research Case Brief Legal Research Doc Preview. 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. We review both elements de novo. 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). 6511(c)(2)(A). Keeton, supra, 13 at 7172. Moreover, use of the passive voice generally indicates the focus of the language is whether something happenednot how or why it happened. Dean v. United States, 556 U.S. 568, 572, 129 S.Ct. 802 N.W.2d at 390. 6511. See 7 C.F.R. 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. See 7 U.S.C. Under the plain language of 7 C.F.R. 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. Red River Spray Service, Inc. v. Nelson, 404 N.W.2d 332, 334 (Minn.App. Oluf Johnson posted signs at the farm's perimeter indicating that it was chemical free, maintained a buffer zone between his organic fields and his chemical-using neighbors' farms, and implemented a detailed crop-rotation plan. He plowed part of the alfalfa field under because it was "becoming choked with weeds and the alfalfa was very sick and poor.". Our decision in Wendinger rightly rejected the theory that odors alone can constitute trespass in Minnesota, but our citing to Borland and Bradley was unnecessary to that holding and, as a practical matter, our assessment of them was a bit adrift. A district court should permit amendments unless it finds that the adverse party would be prejudiced. 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.). 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. 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. You're all set! See Rosenberg, 685 N.W.2d at 332. Email Address: To defeat a summary judgment motion, the opposing party must make a showing sufficient to establish each essential element. 205 .202(b). Simply put, the policy concerns that have compelled other jurisdictions to abandon the traditional view of trespass are not present in Minnesota. Prot. The question therefore is not one of damages but is more properly framed as a question of causation. Reading the phrase "applied to it" in 7 C.F.R. See Exelon Generation Co. LLC v. Local 15 Int'l Bhd. In the absence of actual damages, the trespasser is liable for nominal damages. 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. Section 205.400 confirms that when the NOP regulates drift, that intention is made explicitly clear. But the district court should deny a motion to amend a complaint when the proposed claim could not survive a summary-judgment motion. WebOluf Johnson, et al., Respondents, vs. All rights reserved. See id. 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. It is a small extension, if any, of those holdings to conclude that invasion by pesticide can constitute a trespass, especially because pesticides are designed to affect the land, unlike an invasion by a bullet, which creates no such risk. The district court dismissed the Johnsons' request for injunctive relief because it concluded that the Johnsons did not have a viable nuisance claim under 7 C.F.R. We review the district court's denial of a party's motion to amend a complaint for abuse of discretion. Respondents Oluf and Debra Johnson (Johnsons) are organic farmers. 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. https://casetext.com/case/johnson-v-paynesville-farmers-union-coop-oil-co Smelting & Ref. As to the negligence per se and nuisance claims based on 7 C.F.R. Every Bundle includes the complete text from each of the titles below: PLUS: Hundreds of law school topic-related videos from Id. This statute has been held to require "harm" to the plaintiff and "wrongful conduct" by the defendant. Construing the evidence in the light most favorable to the Johnsons, their certifying agent, OCIA, directed them to take their soybean fields out of organic production for 3 years. This Court evaluated the issue by discussing the nature and purpose oftrespasslaw which is to prevent the intentional interference with rights of exclusive possession.
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