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Sowers v. Forest Hills Subdivision
Nevada Supreme Court
294 P.3d 427 (2013)
Rick Sowers (defendant) planned to construct a wind turbine on his property. Neighbors Ann and Karl Hall and the Forest Hills Subdivision (plaintiffs) sued to enjoin the project as a nuisance. An expert testified that the turbine would generate constant noise similar to a highway. When the court visited a similar turbine, the judge found its 75-foot height astonishing and found that it generated constant noise and shadow flicker. One neighbor said the turbine did not bother him. A site visit to Sowers’s property showed that the proposed turbine would tower over the Halls’ lower-lying property, obstruct views, and generate shadow flicker over it. A realtor testified that turbines lower nearby property values. Neighbors said they chose Forest Hills because it was quiet and worried the turbine would change that character. The judge permanently enjoined the turbine, and Sowers appealed.
Rule of Law
Holding and Reasoning (Hardesty, J.)
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