ELKINS – The owner of property in New Creek alleges wind turbines erected near his property generate noise that has caused him harm.
William D. Benton Jr. filed a complaint Jan. 25 in U.S. District Court for the Northern District of West Virginia against New Creek Wind LLC, formerly AES New Creek LLC; Everpower Wind Holdings Inc. (Everpower); and Enbridge Holdings LLC alleging nuisance and negligence.
According to the complaint, the plaintiff alleges that he experienced negative effects, including being hindered from enjoying his property, due to the defendants' nearby energy electric generator status windmill project. The plaintiff alleges the turbines generate noise that causes him to suffer from headaches and disturbed sleep. He also alleges the turbines have decreased the value of his property.
The plaintiff requests a trial by jury and seeks judgment against the defendants for compensatory and punitive damages of more than $75,000 plus interest, court costs and any further relief the court grants. He is represented by Henry E. Wood III of Wood Law Office LC in Charleston.
U.S. District Court for the Northern District of West Virginia case number 2:18-cv-00010-JPB