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Editor: Stephen Clowney
Univ. of Arkansas, Fayetteville

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Wednesday, April 17, 2013

Is a Wind Turbine a Nuisance?

Wind

From Volokh:

Wind turbines may be a promising low-carbon power source, but the communities in which they are sited do not always welcome them with open arms. Residents of the Forest hills subdivision in Washoe Valley, Nevada, were none to pleased when one of their neighbors planned to erect a wind turbine to power his home. They sued, alleging the 75-foot-tall turbine would constitute a nuisance, and won. While noting that “the aesthetics of a wind turbine alone are not grounds for finding a, nuisance,” the Nevada Supreme Court ruled that “a nuisance in fact may be found when the aesthetics are combined with other factors, such as noise, shadow flicker, and diminution in property value.” On this basis, the court upheld the lower court’s determination that the wind turbine would constitute a nuisance, and could be enjoined.

Steve Clowney

http://lawprofessors.typepad.com/property/2013/04/is-a-wind-turbine-a-nuisance.html

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