Johnson, et al. v. Paynesville Farmers Union Cooperative Oil Company, 802 N.W.2d 383 (Minn. Ct. App. 2011)

(organic farmers filed civil suit alleging defendants sprayed chemical pesticide that drifted onto their fields and prevented plaintiffs from selling crops under federal non-pesticide “organic” certification; district court granted summary judgment and dismissed plaintiffs claims of trespass, nuisance, and negligence per se; appellate court held that pesticide drifting from one farm to another may constitute trespass and federal regulation that prohibits sale of produce labeled organic if tainted does not automatically authorize sale of organically labeled produce that does not fail five-percent test; appellate court reversed dismissal of plaintiff’s claims).