September 19, 2013
West Virginia

Residents file federal action against Keyser windfarm

By Andrea Lannom | The State Journal | September 18, 2013 |

A Charleston attorney has filed 23 federal lawsuits on behalf of 38 Keyser residents against a local windfarm, alleging the sound of the turbines caused mental and physical health problems and the proximity caused homes to lose their value.

Residents are asking for a permanent injunction to prevent the windfarm from continuing operation. The residents also seek reimbursement of any medical expenses related to its operation along with compensatory damages for past and future personal injuries, annoyance, inconvenience and the loss in value of the properties.

The suits were filed in the Northern District of West Virginia on behalf of Chester R. Bean, Alma Bean, Melvin Broadwater, Nancy Broadwater, Paula Cosner, Robert Dawson, Doris Dawson, Patrick Durr, Barbara Durr, Robert D. Grapes, Evelyn Grapes, Robert S. Haines, Gail M. Haines, David E. Kesecker, Barbara Kesecker, Jerry Kile, Jo Ann Moore, Jeffrey E. Riggleman, Linda M. Riggleman, Phillip Saville Sr., Tammy Sue Saville, Carroll Tasker, Anita Jo Tasker, Dwight E. Broadwater, Patricia Broadwater, Michael Durr, Valerie Durr, Eric Durr, Jessica Durr, Judith Durr, Robert Grapes, Theresa Grapes, John Grapes, Gregory Kile, Michael Myers, James W. Tasker, Deborah L. Tasker and Rodney Watts.

Defendants in the suits were listed as Pinnacle Wind LLC, formerly Pinnacle Wind Force LLC, owned by subsidiary and affiliate of Southern California Edison Mission, Mision Wind Pinnacle Inc and Edison International.

The Wood Law Office attorney representing the 38 residents said more lawsuits may follow.

Residents, who all live close to Pinnacle Wind, alleged the sound of the turbines and blades emitted both low- and high-pitched noises, causing health and mental problems including disturbed sleep, headaches, stomach issues, ringing in the ears, internal pulsation, irritability, anger and fatigue.

The suit asserts that in December 2012, Edison Mission Energy on behalf of several affiliates filed a Chapter 11 petition; however, the suit says Mission Wind and Pinnacle Wind were not part of that filing.

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