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Tina Smith v. Millennium Farm

On the ground of a private nuisance in the biggest corn growing region of New Columbia

the plaintiff Tina Smith, who is the owner of an organic corn farm, asks for inunction to

enoin the defendant, the Millennium Farm, from growing geneticall! engineered corn in the

open air where it can blow over and contaminate corn found on her own and on neighboring

farms.

The suit can be considered a private nuisance of a substantiall! interference of a plaintiff

with ordinar! sensibilities. The plaintiff"s #$$ acre corn field is rendered completel! unfit for

human consumption b! the blown over bits of pharm corn. %Meadowbrook Swimming Club,

&nc. v. 'lbert, #() Md. *+#, #( '. #+* %#)- and Slaird v. /lewers, 0*$ Md. 0, 0(# '.0d

)+1, #($. There is no evidence that the contaminated corn is reall! unfit for human

consumption but considering the principles of organic farming %not using an! s!nthetic

pesticides, herbicides, or fertili2ers one can"t e3pect that someone at the market, let alone

organic food4processors to bu! it.

The Millennium Farms intentions to produce necessar! proteins for the production of

medicine to cure human diseases in a much more efficient wa! than until recentl! was

possible, doesn"t make me consider a decree of an inunction that will deprive the defendant

of the right to grow the pharm corn at all. On the other hand the court should urge the

Millennium Farm to temporaril! stop its business until a resolution is found because it can

put more surrounding corn fields at risk.

The state of Columbia doesn"t own an! territor! in this region but it could become

concerned with the suit if a closer e3amination of the bits of pharm corn that have been

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distributed b! the wind is able to harm the environment in other wa!s, too. %Missouri v.

&llinois and the Sanitar! 5istrict of Chicago, 0$$ 6.S. +*, #$*  Moreover due to an! corn

that has unknowingl! been sold for consumption people ma! have become sick. &f more

cases like this are going to follow, it will become a matter of federal common law and can

turn the suit into a public nuisance that asks for the development of statute regulations on

genetic farming. %7eorgia v. Tennessee Copper Compan!, 0$* 6.S. 0)$8 0( S. Ct. *#-

#$( 

The problem is caused b! the bits of pharm corn blown over b! wind. ' possible decree

could either be that the Millennium Farm is moving to a place where its pharm corn can"t be

harmful to an!thing %Madison v. 5ucktown Sulphur Companies, #$+  and9or to build a

construction that prevents the bits from flowing to the surrounding fields. %Meadowbrook

Swimming Club, &nc. v. 'lbert, #() Md. *+#, #( '. #+*,#)- 

From the current understanding of geneticall! modified corn, facts still can change. 'lso,

an! compensation of the alread! done damage still needs to be decided on. %State of

Michigan, v. 6nited States 'rm! Corps of :ngineers and Cit! of Chigago, No. #$ C. ++1(,

0$## 

5ecree for plaintiff affirmed

; &nterim inunction to issue