Plaintiffs Not Entitled To Summary Judgment or Preliminary Injunction in Litigation Involving Alleged Pollution by Iowa Seed Company.

In litigation pending since 2011, town residents claimed that the defendant’s farming practices generated excessive amounts of dust, and other forms of pollution in violation of Hawaii law. After the court dismissed various nuisance and negligence claims, the plaintiffs filed a motion for preliminary injunction and partial summary judgment for the defendant’s alleged misuse of bee-toxic pesticides.  The court denied the motion, first ruling that the third amended complaint did not allege a claim specifically for injury to bees maintained on any of the plaintiffs’ properties. As such, the court found that the plaintiffs were not entitled to summary judgment on any issues regarding bee-related injuries. The court also found that even if the complaint had alleged bee-related injuries, summary judgment would still be denied. The plaintiffs’ claims were based in negligence and they conceded that questions of fact existed as to causation and damages, both essential elements of a negligence claim under Hawai'i law. The court also found that the plaintiffs had not shown that they were likely to succeed on the merits, so as to be entitled to preliminary injunctive relief.  Aana v. Pioneer Hi-Bred Int'l, Inc., No. 12-00231 LEK-BMK, 2014 U.S. Dist. LEXIS 88564 (D. Haw. June.30, 2014).    

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