COMPLAINT AND JURY DEMAND
NOW COMES the Plaintiff, Paul Brouha, by and through his attorneys, Hershenson Carter Scott & McGee, P.C. and hereby complains against Vermont Wind, LLC, Northeast Wind Partners II, LLC, and First Wind Holdings, LLC (collectively, "Defendants"), as follows, and demends a trial by jury.
[Paragraphs 12 through 17 of the complains appear below. The full complaint can be accessed by clicking the link on this page.]
12. Defendants' operation of the Sheffield Wind Project creates noise when the turbines are in operation, which noise can be heard on Plaintiff's property and in Plaintiffs home.
13. The noise created by Defendants' operation of the Sheffield Wind Project is of such a nature, magnitude and frequency that it unreasonable interferes with Plaintiff's use and enjoyment of his land, and as such constitutes a private nuisance.
14. The noise impact on Plaintiff's property created by Defendants' operation of the Sheffield Wind Project is unreasonable, including because it is out of character with the surrounding area, is excessively loud, and continues unabated for long periods of time.
15. The noise impact on Plaintiff's property created by Defendants' operation of the Sheffield Wind Project is substantial, including because it causes substantial and extreme stress and annoyance to persons of normal sensibilities in the community, and has caused significant damages to Plaintiff as set forth herein.
16. Because of the nuisance created by Defendants' operation of the Sheffield Wind Project, Plaintiff experiences extreme and frequent stress and irritability, and the inability to enjoy, or the decrease in enjoyment, of activities such as working outside, gardening, eating outside, walking, hiking, observing and hunting wildlife, and enjoying views of his property and the surrounding countryside, all of which activities Plaintiff fully enjoyed prior to Defendants' construction and operation of the Sheffield Wind Project.
17. The nuisance created by Defendants' operation of the Sheffield Wind Project has caused significant harm and damage to Plaintiff, including pain and suffering, emotional distress, discomfort and inconvenience, loss of the use and enjoyment of Plaintiff's property, and a reduction in the value of Plaintiff's property.
WHEREFORE, Plaintiff demands judgment against Defendants and prays for the following relief:
a) Compensatory damages within the jurisdiction of this Court;
b) an injunction ordering that Defendants cease and desist the operation of the turbines in order to abate and prevent any further nuisance from occurring;
b [sic]) interest and costs of suit; and
c) all other relief in law and in equity to which they are entitled.
WHEREFORE, Plaintiff demands judgment against each defendant in an amount within the jurisdictional limits of the court.