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Oklahoma Citizens File Class Action in U.S. Federal Court

In this important case, the plaintiffs are raising concerns regarding the health impacts and interference in the use and enjoyment of their land. In the complaint, the plaintiffs note that wind turbines emit infra and low frequency sounds that are inaudible to the human ear, and which has had have a long history of causing adverse effects to the human body and mind, including sleep loss, increased stress and cardiac issues. The plaintiffs are also concerned about how noise and shadow flicker emitted from rotating blades deteriorates the ability—in both children and adults—to properly think, remember, or concentrate. A portion of the filing appears below. The full filing can be accessed by clicking the link on this page.

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA

COME NOW Plaintiffs Terra Walker, Cheyenne Ward, Julie Harris, Janelle Grellner, Elise Kochenower, Karri Parson, Cindy Shelley, and Oklahoma Wind Action Association (herein collectively “Plaintiffs”), for their claim for relief against Defendants APEX Wind Construction, LLC, APEX Clean Energy, Inc., APEX Clean Energy Holdings, LLC, Kingfisher Wind, LLC, Kingfisher Wind Land Holdings, LLC, Campbell Creek Wind, LLC, and Campbell Creek Wind Transmission, LLC (herein collectively “Defendants”) and allege and state as follows:

NATURE OF THE ACTION

1. This action seeks to enjoin Defendants from creating a nuisance that will cause unreasonable inconvenience, interference,annoyance, adverse health effects, and loss of use and value of each Plaintiff and class member’s property.

JURISDICTION AND VENUE

2. This Court has subject matter jurisdiction over this matter pursuant to 28 U.S.C. § 1332. Specifically, this Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1332(d)(2)(A), which expressly grants original jurisdiction over civil actions in which the amount in controversy exceeds $5,000,000.00 and any class member is a citizen of a State different from any defendant.

3. The Local Controversy Exception to the Class Action Fairness Act (herein “CAFA”) is inapplicable in this case because no defendant from whom significant relief is sought is a citizen of Oklahoma. See 28 U.S.C. § 1332(d)(4)(A)(i).

4. Venue lies in this District pursuant to 28 U.S.C. § 1391 (b)(2), which states that a civil action may be brought in any judicial district in which a substantial part of the events occurred or where a substantial party of the property is situated.

PARTIES

5. Plaintiff Terra Walker is a natural person who resides and owns property in the Canadian County, Oklahoma and brings this lawsuit on behalf of herself and others similarly situated.

6. Plaintiff Cheyenne Ward is a natural person who resides and owns property in the Canadian County, Oklahoma and brings this lawsuit on behalf of herself and others similarly situated.

7. Plaintiff Julie Harris is a natural person who resides and owns property in the Canadian County, Oklahoma and brings this lawsuit on behalf of herself and others similarly situated.

8. Plaintiff Janelle Grellner is a natural person who resides and owns property in the Canadian County, Oklahoma and brings this lawsuit on behalf of herself and others similarly situated.

9. Plaintiff Elise Kay Kochenower is a natural person who resides and owns property in the Kingfisher County, Oklahoma and brings this lawsuit on behalf of herself and others similarly situated.

10. Plaintiff Karri Parson is a natural person who resides and owns property in the Kingfisher County, Oklahoma and brings this lawsuit on behalf of herself and others similarly situated.

11. Plaintiff Cindy Shelley is a natural person who resides and owns property in the Kingfisher County, Oklahoma and brings this lawsuit on behalf of herself and others similarly situated.

12. Plaintiff Oklahoma Wind Action Association is an Oklahoma Corporation, doing business primarily in Canadian and Kingfisher Counties in Oklahoma and brings this lawsuit on behalf of itself and its members.

13. Defendant APEX Wind Construction, LLC, independently and as alter ego and/or agent of each of the other Defendants to this action, is a Delaware Limited Liability Company with a principal place of business in Charlottesville, Virginia, and is authorized to do business in Oklahoma.

14. Defendant APEX Clean Energy, Inc., independently and as alter ego and/or agent of each of the other Defendants to this action, is a Virginia Corporation with a principal place of business in Charlottesville, Virginia, and is authorized to do business in Oklahoma.

15. Defendant APEX Clean Energy Holdings, LLC, independently and as alter ego and/or agent of each of the other Defendants to this action, is a Delaware Limited Liability Company with a principal place of business in Charlottesville, Virginia, and is authorized to do business in Oklahoma.

16. Defendant Kingfisher Wind, LLC, independently and as alter ego of each and/or agent of the other Defendants to this action, is a Delaware Limited Liability Company with a principal place of business in Charlottesville, Virginia, and is authorized to do business in Oklahoma.

17. Upon information and belief, Kingfisher Wind, LLC, has also conducted business in Oklahoma under the names “Canadian County Wind, LLC” and “Canadian Hills Wind East, LLC.”

18. Defendant Kingfisher Wind Land Holdings, LLC, independently and as alter ego and/or agent of each of the other Defendants to this action, is a Delaware Limited Liability Company with a principal place of business in Charlottesville, Virginia, and is authorized to do business in Oklahoma.

19. Defendant Kingfisher Transmission, LLC, independently and as alter ego and/or agent of each of the other Defendants to this action, is a Delaware Limited Liability Company with a principal place of business in Charlottesville, Virginia, and is authorized to do business in Oklahoma.

20. Defendant Campbell Creek Wind, LLC, independently and as alter ego and/or agent of each of the other Defendants to this action, is a Delaware Limited Liability Company with a principal place of business in Charlottesville, Virginia, and is authorized to do business in Oklahoma.

21. Defendant Campbell Creek Wind Transmission, LLC, independently and as alter ego and/or agent of each of the other Defendants to this action, is a Delaware Limited Liability Company with a principal place of business in Charlottesville, Virginia, and is authorized to do business in Oklahoma.

2014-08-27_20owaa_20final_20complaint_thumb
2014 08 27 20 Owaa 20 Final 20 Complaint

Download file (181 KB) pdf

AUG 27 2014
http://www.windaction.org/posts/41112-oklahoma-citizens-file-class-action-in-u-s-federal-court
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