P. 15.01. 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 It is the right of the owner in possession to exclusive possession that is protected by an action for trespass. 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. 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. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 6501- 6523, and the associated federal regulations in NOP, 7 C.F.R. W. Page Keeton et al., Prosser & Keeton on the Law of Torts, 13, at 70 (5th ed.1984). 2. art. Injunctive relief is a permissible remedy under that statute. See Rosenberg, 685 N.W.2d at 332. The Johnsons claim that the pesticide drift caused them: (1) economic damages because they had to take the contaminated fields out of organic production for 3 years pursuant to 7 C.F.R. The MDA investigated, found drift, and instructed the Johnsons to burn their contaminated alfalfa. 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). And both those cases and this one, unlike Wendinger, involve a substantive invasion in which the deposited thing not merely vaporous and dissipating odors are the source of the injury arising out of the alleged trespass. : (A10-1596, A10-2135) Decision Date: August 1, 2012 ~~~Date~~~ Brief of respondent Paynesville Farmers Union Cooperative Oil We turn first to the portion of the Johnsons' nuisance and negligence per se claims that are based on 7 C.F.R. WebCase 1:15-cv-01632-LMB-IDD Document 22 Filed 04/25/16 Page 7 of 20 PageID# 272. They also contend that the drift caused additional record-keeping and other burdens in connection with the operation of their farm. Id. Rather, we are to examine the federal regulation in context. Actual damages are not an element of the tort of trespass. 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). 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). 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 also held that 7 C.F.R. Domagala v. Rolland, 805 N.W.2d 14, 22 (Minn.2011). at 550. The supreme court has explained that "the intentional throwing of [an object] upon [another's] property would constitute a trespass." , 132 S.Ct. Whether the Johnsons have alleged a viable claim for trespass is a question of law that we review de novo. 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. Generally, both trespass and nuisance have a 6year statute of limitations. Liberty University. Webjohnson v paynesville farmers union case briefround nesting side tables set 29 grudnia 2021 / nonna biscotti costco / w union jack pub menu speedway in / Autor Schroedl, 616 N.W.2d 273, 277 (Minn. 2000). We have affirmed as factually supported a negligence judgment against a crop duster after its negligent spraying of herbicides resulted in chemical drift from target fields onto a neighboring field, damaging crops. In response to this MDA directive, the Johnsons destroyed approximately 10 acres of their soybean crop. Instead of focusing on the intangible nature of pesticide drift, the court of appeals focused on the harm caused by it, stating that pesticide drift will affect the composition of the land. Id. Bd. 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. PLST. . Defendant was a company that sprayed pesticide on conventionally farmed fields adjacent to the plaintiffs fields. 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. WebPaynesville Farmers Union Coop. (holding that Minnesota law "has not recognized trespass by particulate matter"); The American Heritage Dictionary of the English Language 1282 (4th ed. This provision therefore does not support the conclusion that section 205.202(b) should be read to cover conduct by third parties. But the district court should deny a motion to amend a complaint when the proposed claim could not survive a summary-judgment motion. They alleged that the drift has caused "substantial inconveniences" because they are required to report the contamination and it affects their crop rotations, organic-farm planning, and record keeping. The regulation, as part of the organic-certification regulation scheme of the National Organic Program (NOP), limits the circumstances in which farmers may label and sell produce as "organic." 65016523 (2006) (OFPA), and the associated federal regulations in the National Organic Program, 7 C.F.R. Prot. at 388. The same is true for the Johnsons' request for a permanent injunction. 6511. Before discussing the factual background of this case, it is helpful to briefly summarize the organic farming regulations at issue. The Johnsons seek loss of profits under both the nuisance and negligence per se claims based on their alleged inability to market their crops as organic under 7 C.F.R. 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. The Johnsons, organic farmers, claimed that while Appellant, a cooperative, was spraying pesticide onto conventionally farmed fields adjacent to the Johnsons' fields, some pesticide contaminated the Johnsons' organic fields. It seems to me that differences in size, quantity, and harmfulness of varying types of particulate matter will have an effect on whether the invasion by the substance causes a trespass. The MDA investigated and determined that the cooperative illegally sprayed herbicide, causing visually apparent tainting of the Johnsons' crops consistent with drift. That regulation reads: Any field or farm parcel from which harvested crops are intended to be sold, labeled, or represented as organic, must: (b) Have had no prohibited substances, as listed in 205.105, applied to it for a period of 3 years immediately preceding harvest of the crop [. . See, e.g., Sime, 213 Minn. at 481, 7 N.W.2d at 328. 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. The court reversed the Court of Appeal in part and affirmed in part and remanded the case to the trial court to determine thenuisanceclaim. 7 C.F.R. 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. 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. Subsequently, the Cooperative moved for summary judgment, and the Johnsons moved to amend their complaint to include claims based on the two 2008 incidents and a claim for punitive damages. Email Address: at 297 (holding that shotgun pellets that landed on the plaintiff's property could constitute a trespass).7. 6511(c)(1). 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. This Court evaluated the issue by discussing the nature and purpose oftrespasslaw which is to prevent the intentional interference with rights of exclusive possession. Victor v. Sell, 301 Minn. 309, 313, 222 N.W.2d 337, 340 (1974). 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. 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. The certifying agent's erroneous interpretation of section 205.202(b) and the OFPA was the proximate cause of the Johnsons' injury, but the Johnsons cannot hold the Cooperative liable for the certifying agent's erroneous interpretation of the law. 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. Lee & Barry A. Lindahl, 4 Modern Tort Law: Liability and Litigation 38:1 (2d ed. 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). 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. 31.925 (2010) (adopting the federal Organic Foods Production Act of 1990, 7 U.S.C. WebThe Johnsons, organic farmers, claimed that while Appellant, a cooperative, was spraying pesticide onto conventionally farmed fields adjacent to the Johnsons' fields, some 2(b) (2010), and to spray pesticide in a manner "inconsistent with a label or labeling," Minn. Stat. A trespass claimant must prove two elements: the plaintiffs rightful possession and the defendant's unlawful entry. https://casetext.com/case/johnson-v-paynesville-farmers-union-coop-oil-co In addition, the Johnsons' nuisance claim alleges that pesticides below the recommended dosage can spur weed growth and that they have had to take extra measures to control weeds in 2007 and 2008 as a result of drift onto their fields from the Cooperative's actions. 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. See 7 C.F.R. WebFinal Research Paper Case Brief 1 Citation: Johnson v. Paynesville Farmers Union Co-op Oil Comp., 817 N.W. of Aitkin, 266 N.W.2d 704, 705 (Minn.1978) (citation omitted); see generally 46 Dunnell Minn. Digest Trespass 1.02 (4th ed.2000). Respondents Oluf and Debra Johnson (Johnsons) are organic farmers. 205, as the "organic food production law" of Minnesota). Foods, Inc. v. Cnty. 205.202(b), and (2) denying the Johnsons' motion to amend their complaint to include claims for the 2008 incidents to the extent those claims are not based on trespass or 7 C.F.R. Some pesticides drifted onto and contaminated plaintiffs organic fields and organic products. James A. Henderson, Jr. et al., The Torts Process 386 (7th ed.2007). 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). We have not specifically considered the question of whether particulate matter can result in a trespass. Johnson, 802 N.W.2d at 390. Ass'n. 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. We remand for further proceedings arising from the reversal. 205 (2012) (NOP). 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. The history of the United States government constitutes the formation, growth, development, and evolution of the federal government of the United States, including the constitution, the United States Code, the office of the presidency, the executive departments and agencies, Congress, the Supreme Court, and the lower federal courts.It In this section, drift is the subject of a specific regulation. More. To the extent that the Johnsons' proposed amended complaint includes such claims, the district court properly denied the Johnsons' motion to amend. WebMinnesota.gov Portal / mn.gov // Minnesota's State Portal 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. We last address the district court's denial of the Johnsons' permanent injunction request. See 7 C.F.R. WebCase brief Johnson .docx 3 pages Question 1- quiz.docx 1 pages PLST 201 Internet Assignment #3.docx 10 pages Final Research Project PLST 201.docx 2 pages garratt v dailey case brief.docx 10 pages Final Research Project - Copy.docx 2 pages Minn Minors.docx 1 pages Statutory Research Assignment plst 201 #1.docx 2 pages Case 205). . 205.671confirm this interpretation. 2405, 165 L.Ed.2d 345 (2006) ([T]he question is whether Congress intended its different words to make a legal difference. 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 they alleged that the overspray forced them to destroy some of their crops. 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 WebLeesburg Farmers Market. Because we conclude that the Johnsons' trespass claim and claims for damages based on 7 C.F.R. Should the agent determine that the residue came from the intentional application of a prohibited substance, the product may not be sold as organic. New York - August 11, 2011 . Our trespass jurisprudence recognizes the unconditional right of property owners to exclude others through the ability to maintain an action in trespass even when no damages are provable. 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. PDF United States Court of Appeals The plaintiffs were organic farmers who alleged that Respondents Oluf and Debra Johnson (Johnsons) were organic farmers. 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. Plaintiffs sued defendant fortrespass. In asking the Court to recognize a claim of trespass by . In re NCAA Student-Athlete Names & Likeness Licensing Litigation. In addition, the Johnsons claim damages for actual crop losses, inconvenience, and adverse health effects. 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. We address only the allegations here, which go beyond inconsequential over-spray or odor-related intrusion. 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. The Johnsons argue that they had to remove certain fields from organic production for 3 years because pesticides were applied to those fields in violation of 7 C.F.R. 7 C.F.R. of Ramsey, 323 N.W.2d 65, 71 (Minn.1982).9. 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). 205.200 (2012) (The producer or handler must comply with the applicable provisions); 7 C.F.R. 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. Johnson v. Paynesville Farmers Union Coop. The states may adopt the federal standards or they may impose more restrictive requirements governing products sold as organic. 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. 205.202(b), a third party's pesticide drift cannot cause a field to lose organic certification. Webipad 6th gen silver 32gb with case $160 (wdc > Ashburn) 2.8mi hide this posting restore restore this posting. Whether plaintiffstrespassclaim fails as a matter of law? v. Kandiyohi Cnty. 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? Special Force Ministries v. WCCO Television, 584 N.W.2d 789, 792-93 (Minn.App. at 391. 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. . 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. In both cases, the court of appeals held that such invasions do not, as a matter of law, constitute trespass. 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 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. Johnson again notified the MDA in 2008 about the cooperative's spraying in July and August. 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. First, the language of section 205.202(b) is silent with respect to who applied the prohibited substances. In other words, the Johnsons did not market soybeans harvested from this field as organic for an additional 3 years. . Johnson again contacted the MDA, and after investigating the MDA required Johnson to plow under a 175-foot wide strip of soybeans running the entire length of his field. We review the district court's decision whether to grant an injunction for abuse of discretion. You're all set! 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. After receiving these test results, the Johnsons took the affected alfalfa field out of organic production for an additional 3 years. 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. The court of appeals stated that its decision in Wendinger should not be read to define a unique category of physical substances that can never constitute a trespass. Id. 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. WebPaynesville Farmers Union Cooperative Oil Company :: Supreme Court of the United States :: Administrative Proceeding No. 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. 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"). Oluf Johnson and Debra Johnson v. Paynesville Farmers Union Cooperative Oil Company. 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. 541.05, subd. Id. See 7 U.S.C. 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. We turn to the district court's denial of the Johnsons' motion to amend their complaint to add claims arising out of the 2008 drift. We recognize that the assumption has some support from the following general commentary on the regulation: National Organic Program, 65 Fed.Reg. 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.). In June 2007, the Johnsons filed a complaint with the Minnesota Department of Agriculture (MDA), alleging that the Cooperative had contaminated one of their transitional soybean fields2 through pesticide drift. And in order to receive certification, a producer must comply with the NOP. 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. 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. Our case law is consistent with this traditional formulation of trespass because we have recognized that a trespass can occur when a person or tangible object enters the plaintiff's land.6 See Victor v. Sell, 301 Minn. 309, 31314 n. 1, 222 N.W.2d 337, 340 n. 1 (1974) ( One is subject to liability to another for trespass, irrespective of whether he thereby causes harm to any legally protected interest of the other, if he intentionally enters land in the possession of the other, or causes a thing or a third person to do so (quoting with approval the Restatement (Second) of Torts 158 (1965))); Greenwood, 220 Minn. at 31112, 19 N.W.2d at 73435 (recognizing that trespass can occur when water floods onto the plaintiff's land); Whittaker, 100 Minn. at 391, 111 N.W. See Minn. Stat. The argument is persuasive. 205.203(c) (2012) (The producer must manage plant and animal materials). JOHNSON v. PAYNESVILLE FARMERS UNION COOPERATIVE OIL COMPANY. In Minnesota, atrespassis committed where a plaintiff has the right of possession to the land at issue and there is a wrongful and unlawful entry upon such possession by defendant. The email address cannot be subscribed. We have recognized nuisance claims when a plaintiff can show that the defendant's conduct caused an interference with the use or enjoyment of the plaintiff's property. Minnesota Attorney Generals Office . 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. 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. E .g., In re Cities of Annandale & Maple Lake, 731 N.W.2d 502, 516 (Minn.2007) (considering whether a federal regulation was ambiguous). Therefore, I would allow the suit to go forward and permit the record to be developed to resolve that question. Because these identify at least potential bases to recover damages, see Highview N. Apartments v. Cnty. Smelting & Ref. We add that the Johnsons alleged other damages not considered by the district court. 205.100, .102 (describing which products can carry the organic label). 12-678 Oluf Johnson and Debra Johnson, Petitioners v. Paynesville Farmers Union Cooperative Oil Company Administrative Proceeding Supreme Court of the United States , Case No. The Johnsons were also told that [i]f the analysis indicate[d] contamination, they would have to take this land back to the beginning of 36month transition. Based on the OCIA's letter, and the dicamba found by the MDA, the Johnsons took the transitional soybean field back to the beginning of the 3year transition process. We hold that the phrase "applied to" in section 205.202(b) includes drift as an unintentional application of pesticide. 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. 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). The MDA found that the cooperative repeatedly applied pesticide on windy days. 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. But the cooperative assumes, and the district court concluded, that it is automatically cleared for sale as organic. 205.202(b), and therefore had no basis on which to seek an injunction. With respect to the nuisance claim, Minn.Stat. 802 N.W.2d at 39192. 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. Unlike the plaintiffs in Wendinger, the Johnsons do not claim trespass based on transient odors. 805 N.W.2d 14 - DOMAGALA v. ROLLAND, Supreme Court of 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. Plaintiffs were farmers who grew organic crops. Johnson, 802 N.W.2d at 38889. 369 So.2d at 52526. There is no dispute about the Johnsons' rightful possession of their fields. Ins. 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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web.
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