Sowers v. Forest Hills Subdivision

Rick Sowers (defendant) planned to build a 75-foot wind turbine on his property, and neighbors including the Halls and the Forest Hills Subdivision (plaintiffs) sued to enjoin it as a nuisance, presenting expert testimony that the turbine would generate constant highway-like noise, a realtor's testimony that turbines depress nearby property values, and evidence from a site visit showing the turbine would tower over the Halls' lower-lying property, block views, and cast shadow flicker onto it; one neighbor testified a nearby turbine didn't bother him, and neighbors testified they'd chosen the quiet subdivision specifically for its character. The trial judge permanently enjoined the turbine, and Sowers appealed.