Upstate New York residents have filed a lawsuit in state court against companies involved in a wind project, claiming that the project has caused health problems and reduced housing prices. Abele v. Iberdrola USA Inc., No. 12-5919 (N.Y. Sup.Ct., Albany Cnty. filed 10/24/12). Multiple plaintiffs allege negligence, public and private nuisance, trespass, negligence per se, and strict product liability claims against defendants that own or were involved in the design of the Hardscrabble Wind Power Project in Fairfield, New York.
Plaintiffs allege that the project’s noise levels exceed those anticipated in the design under which different turbines were to be used, and also exceed limits set in a Fairfield ordinance. Plaintiffs further claim that the wind farm causes visual problems ranging from obstruction of the previous view to flickering lights and a view of red safety lights from residences at night. Plaintiffs assert damages including reduced enjoyment of their property, loss of property value and, in some cases, physical ailments from the presence of the project’s 37 100-meter towers.