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Trial date set in lawsuit against Kingfisher Wind requesting setback of wind turbines; Trial scheduled to begin April 2016

The suit refers to the irreparable harm caused by nuisance and unavoidable negative health impacts caused to people by the noise, infrasound and shadow flicker generated by turbines. Research shows a negative impact to health for people within close proximity of a turbine. 

Oklahoma City, Okla. – Citizens of Canadian and Kingfisher counties and Oklahoma Wind Action Association (OWAA) filed a lawsuit against Apex Clean Energy to establish reasonable setbacks of wind turbines from homes planned in the Kingfisher Wind farm. U.S. District Judge Timothy D. DeGiusti (14-cv-00914-D) has scheduled the trial to begin in April, 2016 in Oklahoma City.

After exhausting all attempts to work with Apex, members of the lawsuit are seeking protection from adverse health effects, and loss of use and value of their property, by requiring wind turbines be placed two miles from their properties.

“We are ecstatic to have a trial date scheduled in the near future and the opportunity to share our concerns with the court,” said Terra Walker, a plaintiff and property owner in Okarche. “Apex is taking a big risk in continuing to construct these industrial wind turbines when a ruling could require removal shortly after construction. We have an outpouring of support from our members and local citizens and are anxious for April to get here.” 

The Kingfisher Wind farm began construction on May 18, 2015 despite repeated requests from non-participating landowners to reconsider placement. It impacts at least 128 nearby property owners.

The suit refers to the irreparable harm caused by nuisance and unavoidable negative health impacts caused to people by the noise, infrasound and shadow flicker generated by turbines. Research shows a negative impact to health for people within close proximity of a turbine. 

“Oklahoma Wind Action Association was formed to fight for our property rights against Big Wind,” said Brent Robinson, president of OWAA. “It has taken considerable coordination and resources to protect our interests from a company that employs bully tactics to convince people to give up their rights.  We’re extremely proud to have our day in court.” 

The Kingfisher Wind farm is a multi-million dollar project, funded in part by tax payers through state and federal subsidies. Members of the lawsuit are concerned removal of turbines, if required by the court, would be an additional expense to taxpayers.

OWAA, along with other Oklahoma organizations such as Oklahoma Property Rights Association and Wind Waste, are combining forces to advocate for sensible laws to protect people and oversee future development in Oklahoma. The non-profit associations are concerned about the long-term impact this unregulated industry will have on property owners, and are fighting for oversight to ensure turbines are appropriately placed, operated safely, well-maintained and there is adequate funding to remove abandoned wind farms.  

Oklahoma Wind Action Association was founded in February 2014 to protect its members from negative affects of industrial wind turbines.  The organization serves nearly 400 citizens in Canadian and Kingfisher counties. 

 

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Apex Trial Set Aug2015

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AUG 13 2015
http://www.windaction.org/posts/43208-trial-date-set-in-lawsuit-against-kingfisher-wind-requesting-setback-of-wind-turbines-trial-scheduled-to-begin-april-2016
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