Burch v. NedPower Mount Storm, LLC
Supreme Court of Appeals of West Virginia
647 S.E.2d 879 (W. Va. 2007)
The Public Service Commission approved NedPower Mount Storm (defendant) to build 200 wind turbines on a strip of property; nearby homeowners (plaintiffs) sued to permanently enjoin construction, alleging private nuisance from turbine noise, a strobe-light effect from sunlight hitting the blades, danger from the machinery, and reduced property values. NedPower argued neither the court nor the plaintiffs could second-guess the PSC's site-approval order, and the trial court agreed and ruled for NedPower; the plaintiffs appealed.
Whether allegations of future injury from noise, unsightliness, and diminished property value can support a private nuisance claim against a facility already approved by a state regulatory commission.