ST. PAUL, Minn. (AP)--A negligence lawsuit filed by three beekeepers can proceed after the state Supreme Court ruled that landowners who spray pesticides on hybrid poplar groves can be held liable for damaging neighboring bee apiaries.

In the lawsuit, the western Minnesota beekeepers argue that the state Department of Natural Resources and International Paper used a toxic pesticide to control cottonwood leaf beetles on poplars, despite knowing that beekeeping operations were nearby.

The beekeepers--Jeff Anderson, Steve Ellis and Jim Whitlock--said they suffered annual stock losses of 30 percent to 50 percent, amounting to more than $500,000.

Two lower courts ruled against the beekeepers, saying the landowners had no legal obligation to them. But the beekeepers went to the state Supreme Court.

In a decision in early March, the high court held, in part, that "a land possessor with actual knowledge or notice of foraging honey bees on the property comes under a duty of reasonable care in the application of pesticides."

"In this case, they were aware," said Tim Rundquist, a Fergus Falls attorney representing the beekeepers. "That is what we are alleging."

Rundquist said the decision could have broader implications because negligent pesticide applications have affected honey production nationwide and the pollination that bees provide to blooming crops.

A dissenting opinion by Justice Helen Meyer said the decision goes too far.

"The majority is plowing new ground in tort law by recognizing a common-law duty owed to foraging bees," Meyer said. Chief Justice Kathleen Blatz also dissented.

DNR officials said they support Meyer's position.

Hybrid poplar trees are popular in rural Minnesota as an alternative crop for the pulpwood market or fuel. The trees are planted in groves and are more susceptible to attacks from large numbers of cottonwood leaf beetles.

Date: 3/24/05