Background: One month after the plaintiffs purchased defendants' 133-acre Otsego County property, they learned that plans were in the works for the construction of large wind turbines on the adjacent parcel. They thereafter commenced this action seeking rescission of the contract and money damages stemming from alleged fraud and misrepresentation on the part of defendants in conjunction with the sale. At issue was an order of the Supreme Court denying summary judgment to the defendants. Summary judgment is when the court rules against a party without a trial) to defendants. The court upheld the denial of summary judgment. The ruling can be accessed by clicking the links on this page.
Documents filed under Legal
This case, before the New Jersey Superior Court, represents one of the first instances of a nuisance case brought against an operating wind turbine due to noise. The court found that the defendants' wind turbine constituted an "actionable nuisance".