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Rankin v. FPL Energy, LLC

Court of Appeals of Texas

266 S.W.3d 506 (2008)

Relevant factsFree

Neighboring landowners (plaintiffs) sued wind-energy companies (defendants) for public and private nuisance over a wind farm's construction and operation in Taylor County, Texas; the trial court granted partial summary judgment dismissing claims based on the wind farm's visual impact, instructed the jury not to consider aesthetics on the remaining claims, and the jury found for the wind farm on the physical-invasion-based claims, prompting the plaintiffs' appeal arguing aesthetics should have been considered.

IssueFree

Whether a lawful business may be deemed a nuisance under tort law based solely on its aesthetic or visual impact.

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