I. INTRODUCTORY SUMMARY
Plaintiff alleges that the defendants (collectively referred to as "Invenergy") constructed and operated a wind turbine complex next door to plaintiff's rural property in violation of and without any consideration being given to statewide noise pollution regulations which limit the amount of noise pollution wind complexes are allowed to generate. Plaintiff
further alleges that the invasion of noise, vibrations, flicker/strobe glare and flashing red lights produced by defendants' wind turbine complex constitutes both (1) An illegal nuisance; and (2) A trespass cognizable under Oregon law, causing damage to his health and homestead. And further, that unless enjoined, the defendants will continue to harm plaintiff in the future.
2. Plaintiff is seeking an award of compensatory damages for emotional distress, deteriorating physical and emotional health, dizziness, inability to sleep, drowsiness, fatigue, headaches, difficulty thinking, irritation and lethargy suffered as a result of Invenergy's past and continuing invasion of his property. Plaintiff also seeks recompense for the cost of hiring an acoustical expert; diminution in the value of his land; legal fees expended and litigation costs incurred herein.
3. Plaintiff further alleges that because Invenergy has knowingly and intentionally continued for four years to operate its wind turbine complex for profit with knowledge of being in violation of statewide noise pollution regulations, and doing so with the further knowledge of causing continuing injury to plaintiff, an award of punitive damages is appropriate.
4. The court has jurisdiction over plaintiff's claims pursuant to USC 28 § 1332, as there is complete diversity of citizenship as between plaintiff and Invenergy; and plaintiff's claims herein exceed $75,000.00.
5. Plaintiff, Daniel Brian Williams, is the owner of approximately 209 acres of property, with his home sitting on a hillock in the Willow Creek Valley, in Morrow County, Oregon, having resided there since 1997. Plaintiffs property is adjacent to the subsequently developed wind turbine complex built, owned and operated by Invenergy along a designated scenic rural highway. Plaintiff is and was at all times relevant, a citizen of the state of Oregon.
6. Defendant Invenergy, LLC is incorporated in the state of Illinois, which is also its principal place of business.
7. Defendant Willow Creek Energy, LLC is incorporated in the state of Delaware, with its principal place of business also being in Illinois. On information and belief, Willow Creek Energy, LLC is a wholly owned subsidiary, or otherwise closely related to Invenergy, LLC.