News
Appeals court upholds wind farm victory
Before the 2006 trial, the judge wouldn't let plaintiffs argue that the towering turbines were a nuisance based on their blinking lights or how they looked. After the two-week trial in which noise levels and land values were discussed, jurors ruled in favor of FPL Energy. In a ruling issued Thursday, the 11th Court of Appeals said the trial judge did not err because Texas law "does not provide a nuisance action for aesthetical impact." But the appeals court seemed sympathetic to landowners.
August 21, 2008
by Associated Press
in Houston Chronicle
An appeals court has upheld a lower court's ruling that people can't sue over wind turbines just because they don't like how they look.
Some landowners had sued in 2005 over FPL Energy's Horse Hollow Wind Energy Center near Abilene, saying the turbines were too loud, lowered their property values and ruined their scenic views.
Before the 2006 trial, the judge wouldn't let plaintiffs argue that the towering turbines were a nuisance based on their blinking lights or how they looked. After the two-week trial in which noise levels and land values were discussed, jurors ruled in favor of FPL Energy.
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