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Rankin v. FPL Energy, LLC

Court of Appeals of Texas
266 S.W.3d 506 (2008)


Facts

Dale Rankin, several other individuals, and one corporation (plaintiffs) sued FPL Energy, LLC; FPL Energy Horse Hollow Wind, LP; FPL Energy Horse Hollow Wind, LP, LLC; FPL Energy Horse Hollow Wind GP, LLC; FPL Energy Callahan Wind Group, LLC; and FPL Energy Callahan, LP (FPL) (defendants), asserting public and private nuisance claims and seeking injunctive relief based on FPL’s construction and operation of a wind farm in Taylor County, Texas. FPL filed a motion for partial summary judgment on the plaintiffs’ nuisance claims. The trial court partially granted FPL’s motion and dismissed the plaintiffs’ claims to the extent that the claims were based on the wind farm’s visual impact. The remaining claims proceeded to trial. The trial judge instructed the jury not to consider the wind farm’s aesthetic impact, and the jury found against the plaintiffs. The plaintiffs appealed, arguing that aesthetics could be considered as one of the conditions that rendered a lawful business a nuisance.

Rule of Law

Issue

Holding and Reasoning (Strange, J.)

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