State of New York Supreme Court, County of Wyoming—
33. Upon information and belief, Defendant Invenergy created and owns a wind energy operation, including wind turbines on property located within 800-1500 feet from the properties owned by Plaintiffs.
34. Upon the construction of and operation of the· wind turbines, Defendant has destroyed Plaintiffs’ rural viewshed from their property.
35. Upon the construction of and operation of the wind turbines, Defendant has caused constant noise, vibrations and flicker to enter Plaintiffs’ property, significantly impacting the health and wellbeing of the Plaintiffs and causing them to become sick, sore, lame and disabled.
36. Upon the construction of and operation of the wind turbines, Defendant has caused constant noise and vibrations significantly diminishing the value of Plaintiffs’ property and home.
37. Upon information and belief, Defendant’s wind turbines have violated, on a regular basis, town noise ordinances that restrict the noise levels to 50 decibels.
38. Moreover, Defendant’s operation of such wind turbines caused noise pollution, vibrations, and flicker to occur, creating a nuisance and interfering with Plaintiffs’ exclusive possessory interest in their property, and causing Plaintiffs’ quality of life to be significantly diminished.
39. In spite of being informed of the nuisance condition created by the Defendant, the Defendant has refused to either abate the nuisance or otherwise engage in any mitigating measures, intentionally continuing the nuisance that they have created, causing a significant diminishment of the Plaintiffs’ use and enjoyment of their property, quality of life, health, value of Plaintiffs’ property and economic wellbeing.
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