Plaintiff, Kevin Kohmetscher, brings this Class Action Complaint & Demand for Jury Trial against Defendant, NextEra Energy, Inc. (“NextEra” or “Defendant”), to stop Defendant from operating wind turbines near residential communities in a way that causes a nuisance and interferes with homeowners’ use and enjoyment of their property. Plaintiff alleges as follows based on personal knowledge as to himself and his own acts and experiences, and as to all other matters, on information and belief, including an investigation by his attorneys.
CLASS ACTION ALLEGATIONS
41. Pursuant to Fed. R. Civ. P. 23(b)(2) and (b)(3), Plaintiff brings this action on behalf of himself and a nationwide class (the “Class”) defined as follows:
The Class: all persons in the United States who reside on and lease or own residential property within three miles of a NextEra wind turbine.
The Subclass: all persons who reside on and lease or own residential property in the State of Nebraska within three miles of a NextEra wind turbine.
42. Expressly excluded from the Class and Subclass are any individuals who have granted Defendant an unexpired license, lease, or easement for the purpose of operating a wind turbine or wind farm on or adjacent to their property; any members of the judiciary or their staff assigned to preside over this matter; any officer, director, or employee of Defendant; and any immediate family members of such officers, directors, or employees.
43. Numerosity: Upon information and belief, there are approximately hundreds, if not thousands, of members of the Class such that joinder of all members is impracticable. Although the exact number of members of the Class and Subclass is presently unavailable to Plaintiff, the members of the Class and Subclass can be easily identified through Defendant’s records and publicly available population data.
44. Typicality: Plaintiff’s claims are typical of the claims of the Class members, because the factual and legal bases of Defendant’s liability to Plaintiff and to the other members of the Class are the same, resulting in injury to the Plaintiff and to all of the other members of the Class as a result of Defendant’s interference with Plaintiff’s and the other Class members’ use and enjoyment of their properties.
45. Adequacy: Plaintiff will fairly and adequately represent and protect the interests of the other members of the Class. Plaintiff has retained counsel with substantial experience in prosecuting complex litigation and class actions, and Plaintiff and his counsel are committed to vigorously prosecuting this action on behalf of the members of the Class and have the financial resources to do so. Neither Plaintiff nor his counsel has any interest adverse to those of the other members of the Class.
WHEREFORE, Plaintiff, on his own behalf and on behalf of the other Class members, prays for the following relief:
A. an order certifying the proposed Class as defined above and appointing Plaintiff as the Class representative;
B. an award of actual and compensatory damages in an amount to be determined at trial;
C. an order permanently enjoining Defendant from continuing to operate its wind turbines and wind farms in ways that unreasonably interfere with Plaintiff’s and the other Class members’ use and enjoyment of their property;
D. such preliminary and other equitable or declaratory relief as the Court deems appropriate;
E. such other and further relief as the Court deems reasonable and just.