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Walker v. Kingfisher Wind, LLC

2016 WL 5947307 (2016)

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Walker v. Kingfisher Wind, LLC

United States District Court for the Western District of Oklahoma
2016 WL 5947307 (2016)

Facts

Kingfisher Wind, LLC (defendant) planned to build several wind turbines near homes owned by Terra Walker and other individuals (collectively, the homeowners) (plaintiffs). Walker and the other homeowners sued Kingfisher for anticipatory nuisance, requesting that Kingfisher be permanently enjoined from building the wind turbines. In support of their claim, the homeowners presented speculative evidence that the shadow flicker and the sound emitted by the turbines could cause adverse health effects. The homeowners also argued that the wind turbines would be ugly. The homeowners did not ask the court for a preliminary injunction. As a result, while the case was pending, Kingfisher built the wind farm at a cost of $450,000,000 and began to operate it. Kingfisher filed a motion for summary judgment, which was considered by the district court.

Rule of Law

Issue

Holding and Reasoning (DeGiusti, J.)

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