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 demonstrates 1 or more of the following. So it's on the plaintiff to to show to Pierce the the nuisance protection. Sub 2, sole would be changed approximate, and that will be the only change." Another participant described the standard in subparagraph 3: the plaintiff must demonstrate that "a reasonable person would find that the agricultural activity was approximate cause of obnoxious and significant interference with the use and enjoyment of the neighboring property."

The discussion was procedural and focused on wording. Participants did not reference a specific ordinance, statute, or regulation during the excerpted discussion, and no formal vote was taken. One participant said they would make the edits and either deliver the revised text for signatures or "track it down," indicating next steps to finalize the language.

The revisions discussed would change the burden and phrasing for future claims by requiring plaintiffs to show at least one enumerated factor and to meet an "approximate cause" standard assessed by a reasonable-person test for interference with neighboring property. Meeting remarks indicate agreement on the three points outlined above but do not record any formal adoption or signature at the time of the exchange.

Participants did not identify the governing body, the docket item number, or any legal authority during this exchange. The transcript excerpt does not state whether the revised language will be circulated to other stakeholders or sent to counsel for legal review.