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Meeting participants agree to revise draft nuisance language for agricultural activities
Summary
Participants in a meeting agreed to change proposed draft language so plaintiffs must show one or more specified factors and to replace a "sole" causation standard with an "approximate" causation standard for alleged agricultural nuisances; a reasonable-person test was added for interference with neighboring use and enjoyment.
Two unidentified participants in a meeting agreed to narrow and clarify draft nuisance-language applying to agricultural activities, including requiring plaintiffs to demonstrate “one or more” listed factors and replacing a proposed “sole” causation standard with an “approximate” causation standard.
The change centers on how plaintiffs would prove that an agricultural activity caused an alleged nuisance. One participant summarized the agreement: "the language would still say if the plaintiff…
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