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Texas wind farm wins nuisance lawsuit

21 December 2006 -- A verdict handed down late Wednesday by an Abilene jury ruled in favor of the Horse Hollow Wind Energy Center in one of the first nuisance lawsuits against a wind farm in the United States.

A jury of 10 women and two men found that Florida-based FPL Energy LLC did not create a private nuisance when it constructed the Horse Hollow Wind Energy Center, which is one of the largest wind farms in the world with 735-MW capacity, 421 turbines over 47,000 acres 20 miles southwest of Abilene.

The case was closely watched by energy industry observers because of the potential impact on future wind farm construction. FPLE has invested more than $1 billion in its Texas wind farm operations, including the Horse Hollow facility located in Taylor and Nolan counties.

Attorneys for the plaintiffs argued that the wind turbines at the farm created enough noise to constitute a private nuisance, but the jurors disagreed.

At the close of trial, Judge Weeks issued directed verdicts in favor of FPLE against two plaintiffs, and the jurors found for FPLE in the claims of nine plaintiffs who remained in the case.




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