In Golden Valley County, the Kukowskis and Simonsons are farmers. Two quarters of the land was leased from John Simonson in 1989 by Simonson Estate, Inc. John Simonson put two quarters of the property into the Conservation Reserve Network. The field was cultivated and a chemical for weed control was applied to the grass. For the duration of the growing season, a stand of Kochia and Russian thistle grew on the land. In an effort to manage the weeds, the landowner combined the weeds. The Kukowskis allege that in an unnatural way, the combine broke off the weeds, allowing the weeds to blow on their land, resulting in damages to their property. The Kukowskis also reported that the weeds were "branded" by the use of the combination, making them easily recognizable as coming from Simonson's land. For clean-up costs, decreased crop yields and costs for current and potential weed control, the plaintiff has sought $80,000 in damages.

The issue in this case was whether the Simonson's were liable for the damages alleged by the Kukowskis and if the Simonsons owe a duty of care to the Kukowskis. 

The holding in this case states that when trying to control or eradicate weeds, the court held that there is an obligation to use normal treatment when attempting to control the weeds growing on their farm. The North Dakota Supreme Court found that the Simonsons owed the Kukowski’s this responsibility.