August 1, 2019
West Virginia

Plaintiffs in 3 lawsuits against New Creek Wind file notices of voluntary dismissal

By Kyla Asbury | West Virginia Record | Jul 31, 2019 |

ELKINS – The plaintiffs in three lawsuits filed against New Creek Wind alleging negative health effects have voluntarily dismissed their cases in federal court.

The three lawsuits were filed in U.S. District Court for the Northern District of West Virginia in 2018. The lawsuits were dismissed after attorney Henry Wood III filed notices of voluntary dismissal in the cases.

The three complaints were filed by New Creek Mountain Sportsman’s Club; Helen Evans Swiger, Holly Evans Mick and Jill M. Evans; and Glendora Woods against New Creek Wind, Everpower Wind Holdings, Enbridge Holdings and Enbridge Inc.

Beginning in November 2016, the defendants’ wind turbines have generated noises that have adversely affected the plaintiffs, according to the original suits.

“Specifically, while the plaintiffs are outside on their property, they are confronted with irritating and unabated audible noise which significantly limits the use and enjoyment of their property and results in annoyance, along with other symptoms…” one of the complaints stated.

The New Creek Mountain Sportsman’s Club claimed its members suffered from headaches, rapid heartbeat, fatigue, hearing problems and other issues while on the hunting lodge’s property.

The plaintiffs claimed the wind turbines have affected the serenity, ambiance, wildlife viewing and aesthetic nature of their properties, and that the defendants knew or should have known their wind turbine project would interfere with the use and enjoyment of the plaintiffs’ properties and would result in negative physical and mental harm, according to the suits.

The plaintiffs claimed the wind turbines are a nuisance and that the defendants were negligent. The plaintiffs were seeking compensatory and punitive damages in excess of $75,000 each.

U.S. District Court for the Northern District of West Virginia case numbers 2:18-cv-00111, 2:18-cv-00112, 2:18-cv-00113

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