Big Country landowners who lost a lawsuit last year against FPL Energy over the company’s Horse Hollow wind farm plan to file an appeal soon.
In December, a jury ruled against about ten plaintiffs who said the wind farm created a public nuisance near their homes, siding instead with FPL Energy.
Patricia Lapoint, who lives near Tuscola, said an appeal is being drafted, and most of the original plaintiffs are participating.
It will likely be filed in the 11th Court of Appeals in Eastland.
A judge recently decided the plaintiffs do not have to pay FPL Energy’s legal fees from the original lawsuit, which amount to $30,000 to $40,000.
Lapoint said the plaintiffs will have a better chance of winning the appeal because more information will be taken into consideration during the process.
”The scope of the district trial was very limited,” Lapoint said.
By Sarah Kleiner Varble
13 March 2007
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