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 injunction to
enjoin the defendant, the Millennium Farm, from growing genetically 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 substantially interference of a plaintiff
with ordinary sensibilities. The plaintiff's 100 acre corn field is rendered completely unfit for
human consumption by the blown over bits of pharm corn. (Meadowbrook Swimming Club,

Inc. v. Albert, 173 Md. 641, 197 A. 146 (1938) and Slaird v. Klewers, 260 Md. 2, 271 A.2d
345, 1970). There is no evidence that the contaminated corn is really unfit for human
consumption but considering the principles of organic farming (not using any synthetic
pesticides, herbicides, or fertilizers) one can't expect that someone at the market, let alone
organic food-processors to buy it.
The Millennium Farms intentions to produce necessary proteins for the production of
medicine to cure human diseases in a much more efficient way than until recently was
possible, doesn't make me consider a decree of an injunction 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 temporarily 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 any territory in this region but it could become
concerned with the suit if a closer examination of the bits of pharm corn that have been

distributed by the wind is able to harm the environment in other ways, too. ( Missouri v.

Illinois and the Sanitary District of Chicago, 200 U.S. 496, 1906) Moreover due to any corn
that has unknowingly been sold for consumption people may have become sick. If 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. (Georgia v. Tennessee Copper Company, 206 U.S. 230; 27 S. Ct. 618

1907)
The problem is caused by the bits of pharm corn blown over by wind. A possible decree
could either be that the Millennium Farm is moving to a place where its pharm corn can't be
harmful to anything (Madison v. Ducktown Sulphur Companies, 1904) and/or to build a
construction that prevents the bits from flowing to the surrounding fields. (Meadowbrook

Swimming Club, Inc. v. Albert, 173 Md. 641, 197 A. 146,1938)

From the current understanding of genetically modified corn, facts still can change. Also,
any compensation of the already done damage still needs to be decided on. (State of

Michigan, v. United States Army Corps of Engineers and City of Chigago, No. 10 C. 4457,
2011)

Decree for plaintiff affirmed

Interim injunction to issue