Three lawsuits filed against New Creek Wind for negative health effects

By Kyla Asbury | Jan 1, 2019

Wind mills   Morguefile

ELKINS — Three complaints were filed against New Creek Wind in federal court alleging negative effects on the health and well-being of several residents.

New Creek Mountain Sportsman's Club; Helen Evans Swiger, Holly Evans Mick and Jill M. Evans; and Glendora Woods filed their lawsuits against New Creek Wind, Everpower Wind Holdings, Enbridge Holdings and Enbridge Inc. in the U.S. District Court for the Northern District of West Virginia at Elkins.

Beginning in November 2016, the defendants' wind turbines have generated noises that have adversely affected the plaintiffs, according to the 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 states.

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

The plaintiffs claim the wind turbines have affected the serenity, ambiance, wildlife viewing and aesthetic nature of their properties. 

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.

When the plaintiffs are walking around their properties, depending on which way the turbine blades are configured, negative effects occur the closer they get in the direction of the wind turbines, according to the suits.

The plaintiffs claim the wind turbines are a nuisance and that the defendants were negligent.

The plaintiffs are seeking compensatory and punitive damages in excess of $75,000 each. They are represented by Henry E. Woods III of Wood Law Office in Charleston.

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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U.S. District Court for the Northern District of West Virginia Elkins Division Wood Law Office LC

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