Couple files lawsuit against wind company
By Phil Ray, pray@altoonamirror.comHOLLIDAYSBURG - A local doctor and his wife have filed a lawsuit against the operator of a nearby wind farm saying they are losing sleep from the the constant ''whooshing'' and ''screeching'' caused by the wind turbines.
Blair County Judge Daniel J. Milliron on Friday concluded his initial review of the lawsuit brought by Todd and Jill Stull of Portage RD, Blair County.
Milliron kept the lawsuit largely intact although he dismissed several counts of the legal complaint including one that charged Gamesa Energy and its subsidiary, Allegheny Ridge Wind Farm LLC, with creating a public nuisance.
According to attorney Bradley S. Tupi of Pittsburgh, representing the Stulls, it is difficult under Pennsylvania law to sue for a public nuisance.
The judge allowed the civil charge against Allegheny Ridge of creating a private nuisance to stand, Tupi said.
He said public and private nuisance complaints overlap, indicating that elimination of the public nuisance claim would not greatly effect the Stulls' ability to continue with the lawsuit.
Gamesa, which has a manufacturing facility in Cambria County, made and installed the wind farm which is operated by Allegheny Ridge, owned by Babcock and Brown. Milliron dismissed all of the counts against Gamesa because the complaints concern the operation of the wind farm.
One of the civil counts against Allegheny Ridge and Gamesa however, fraudulent misrepresentation, could be reinstated, Milliron said, depending on the facts presented by the Stulls.
When Gamesa and Allegheny Ridge came to the area, the companies assured local authorities that the windmills would be quiet, and that a 2,000-foot required setback from nearby homes would be enough to protect residents from noise, the lawsuit states.
The civil lawsuit contends the companies knew the windmills would not be quiet.
Milliron said Tupi must give more details of the claims by the two companies.
He tossed out the prospect of punitive, or punishment damages, against Allegheny Ridge because the legal complaint does not show ''outrageous conduct.'' Tupi said the request for punitive damages can be reinstated if additional facts are presented concerning actions by Allegheny Ridge.
Milliron said the Stulls can sue for anxiety and emotional distress, noting the legal complaint shows, on its face, the noise and vibrations from the windmills have caused stress.
The lawsuit primarily involved installation of the wind farm in Juniata Township, Blair County, but the wind farm encompasses Greenfield Township in Blair as well as Portage, Washington and Cresson townships in Cambria County.
Milliron has let stand a trespass claim which means there is enough evidence at this point that the noise and other problems could represent an intrusion into the privacy of the Stull property.
The Stulls have owned 100 acres of ground in Juniata and Greenfield townships since 1992.
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Brian1
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12-11-08 7:54 PM
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If I were the judge I'd give them a box of Kleenex to wipe their tears away and throw them out of the court room.
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Suitor
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12-10-08 3:52 AM
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I don't know why I did not think of this earlier. Type into Google search: U Tube, Life Under a Windplant - Part 3
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Suitor
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12-10-08 3:37 AM
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h t t p : / then 3 w's you tube and a forward slash.
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Suitor
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12-10-08 3:35 AM
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OK, the last part is the important part. Being after the forward slash. Here is the first part. Very easy: ****:/ ****youtube****
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Suitor
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12-10-08 3:33 AM
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***********youtube****/watch?
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Suitor
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12-10-08 3:32 AM
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In an historic vote on March 13, 2007 the Bovina Town Board banned wind turbines from this scenic Catskill town. Bovina is the first town in the Catskills to take a clear position against industrial wind development. The Bovina vote follows a twelve-month moratorium during which residents made their views known to town officials through open meetings sponsored by the board, hundreds of letters, a town survey, a petition, and a poll sponsored by industrial wind opponents. A good interview here. These people are experincing the same issues, but go into detail on politics, wildlife, noise, and the lies the companies fabricated. I'll try the link. I may have to paste and copy it in two halfs. ***********youtube****/watch?v=AOd5tSZF3A4&feature=related
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homerbeep
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12-10-08 3:24 AM
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oriole75: Please prove the existence of "carbon footprint"s. Are those like the methane that cows produce that the green police want to tax to save the planet?!
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homerbeep
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12-10-08 3:18 AM
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CressonBoy: Haven't once watched Springer; what TV fare do Cresson sophisticates watch? Maury Povich? Studio "rassling"?
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livinginBEDROCK
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12-08-08 7:53 PM
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Anyone can hire a lawyer and file a lawsuit. The plaintiff now has to prove what the sound levels are. I live about a mile from the Bedrock speedway at the fairgrounds. The noise on race nights drowns out conversation if you are in my backyard. In the house with the windows shut, the television is difficult to hear. There are many people much closer to the track than I am. I despise auto racing, but if people want to pay to go in there, I say to each his own and I'm just thankful races are only once a week. So is the plaintiff going to win? I suspect ther windfarm has a hotshot lawyer (who will render a large bill) and in the end they will get what they deserve; nothing.
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KlausVR
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12-08-08 7:30 PM
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Once again someone uses "youtube" as a source of information!!! Read up on this one ... Hornslet is in Arizona, Denmark, Montana, etc., depending on which blog you read. YOUTUBE ... pulleeeeeeeeeze! Hey Stubs ... move into the city and let nature reclaim the forest you chewed up for your vanity. "Backwards hillbillies" ... oxymoron.
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cowher12
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12-08-08 6:47 PM
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Well lets put it this way....Nobody should have their property incroached upon with this much noise especially when Gamesa mis-represented the level of noise to get the permits. Anyone who thinks your electric bills will eventually go down because of wind is smoking something good. You are pawns they bring these into your backyard and then send the electricity to the east. Making the rich richer at your sacrifice. If you want these thats fine give permits upon the stipulation that the electricity goes to your community and negotiate a lower fee with the companies then see how much they want to put it in your backyard.
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Dieghl
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12-08-08 2:53 PM
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Go Stulls! Wind energy is worthless-look into it.
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Silverfoxx1864
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12-08-08 12:32 PM
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Why do we sweat the small stuff? After a little time you wold be acustomed to the noise. Something like living near the railroad tracks. I would welcome the wind farms. Did any forget the thousands of trucks that deposite millions of tons of waste from other states including New York and New Jersey? If they want to sue someons sue the Cambria County Commissioners, the State of Pennsylvania, and the outfits involved, for the contamination of our WATER,SOIL,and AIR. Int the near future, WE the poeple of Pennsylvania will be forced to clean up that mess with OUR taxes being increased and a loss of precious resourses. As far as the wind mills are concerned, if they were getting FREE power from them Would there be a complaint?
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oriole75
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12-08-08 11:54 AM
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I live literally across the street from a Walmart & have been kept awake from the sweeper/cleaner they use in the parking lot from midnight to 2am AND also have very loud Harley motorcycles up & down my street ALL summer AND neighbors' dogs who are chained outside ALL summer who bark all the time (because of their insensitive owners)!!!! We have gone to the Sheriff's office concerning the barking and now they are brought indoors @ 11pm. That seems to be the breaking point in the country where it's hard to enforce a noise ordinance. If I lived in city limits I would have more recourse but we "country folks" have to "grin & bear it" sometimes.To be honest,I would glady trade my inconveniences for windmill turbines anyday!!! At least the turbines help lower our carbon footprint as well as our electrical bills(someday!).
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retiredarmy20years
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12-08-08 9:30 AM
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quote, "backwards hillbillies" isn't that a prime example of the pot calling the kettle black. lol
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CressonBoy
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12-08-08 9:13 AM
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homer, Are you backwards hillbillies going to watch "Jerry Springer" on kerosene powered TVs?
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166482
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12-08-08 7:13 AM
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I have gone up to see some of these windmills. When you get pretty close they are a little disorienting and give you a sense of vertigo but that is being literally 100feet away. Further than that and they didn't seem to have any effect at all.
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homerbeep
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12-08-08 3:19 AM
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Good luck, guys. It's hard to win battles with the "Green Police."
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