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Meeting participants agree to revise nuisance-protection language for agricultural activity
Summary
Participants in a meeting agreed to change wording in a nuisance-protection provision so a plaintiff must prove one or more specified elements and that “sole” causation will be replaced with a proximate-cause standard for agricultural activities; staff was directed to prepare the revised text for signatures.
Meeting participants agreed to revised wording clarifying when a plaintiff may overcome nuisance protection for an agricultural activity and to replace a "sole" causation standard with a proximate-cause standard, speakers said.
The change discussed would require the plaintiff to demonstrate one or more of the listed elements to pierce nuisance protection. Under the revised language described during the discussion, subsection 3 would require the plaintiff to show that a reasonable person would find the agricultural…
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