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Burch v. NedPower Mount Storm, LLC

Supreme Court of Appeals of West Virginia

647 S.E.2d 879 (2007)

Facts

The Public Service Commission (PSC) approved NedPower Mount Storm, LLC (NedPower) (defendant) to construct a wind power-generating facility. The facility was to consist of 200 wind turbines located on a small strip of property. Several homeowners (plaintiffs) who live close to the planned wind turbines sued to permanently enjoin or stop NedPower from constructing the facility. The plaintiffs argued that the facility would create a private nuisance because of: (1) the noise created by the turbines, (2) the strobe effect the turbines would create with sunlight, (3) the danger from the machinery, and (4) the reduction in the plaintiffs’ property values. NedPower argued neither the court nor the plaintiffs were allowed to attack PSC’s final order identifying an appropriate site for the facility. The trial court found for NedPower. The plaintiffs appealed.

Rule of Law

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Issue

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Holding and Reasoning (Wainwright, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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