Developer sues over Pinnacle Wind turbine project

By Whitney Brakken | Nov 8, 2013


MARTINSBURG - A residential property developer is claiming damages after wind turbines were placed near his desired property development.

Mike Haywood, individually, and Mike Haywood doing business as The Mike Haywood Group filed a lawsuit Oct. 28 in U.S. District Court for the Northern District of West Virginia at Martinsburg against Pinnacle Wind LLC, formerly Pinnacle Wind Force LLC, wholly owned by direct intermediate subsidiary and affiliate of Southern California Edison Mission, namely Mission Wind Pinnacle Inc., which Southern California Edison Mission is in turn a wholly owned and largest subsidiary of Edison International.

The plaintiff says the defendants placed 23 wind turbines near Keyser, which is approximately 1 1/2 miles from his residential housing project.

In November or December 2011, the turbines produced noises and pulsations disturbing the plaintiff and the plaintiff's potential buyers, according to the complaint.

The complaint further states the noises and pulsations from the turbines cause annoyance and core pulsations that cannot be escaped without leaving the property. The wind turbines had never been used around homes and it was reckless for the defendants to place them near the plaintiff's residential development, according to the complaint.

The plaintiffs are seeking a permanent injunction, compensatory damages and costs. Charleston attorney Henry E. Wood III of Wood Law Office LLC is representing the plaintiffs.

United States District Court for the Northern District of West Virginia at Martinsburg Case No. 3:13-cv-155

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