WV ruling sends turbine nuisance case back to court

Residents of the Mount Storm area seeking an injunction against the NedPower wind turbine project adjacent to the Dominion Power Plant will have their day in court according to the West Virginia Supreme Court of Appeals decision on Friday.

The high court responded to an appeal by the residents during its LAW Day program in Hampshire County in late April when attorney Richard Neely of Charleston argued on behalf of the residents and Samuel Brock of Charleston argued on behalf of NedPower. Supreme Court Justices Robin Davis, Elliott Maynard, Larry Starcher and Joseph Albright disagreed with Jordan, saying in the opinion, written by Maynard, that the residents were entitled to their day in court on the nuisance complaint and that the original PSC’s ruling only jurisdiction was in siting the project.

Two reports give more details :

Cumberland Times article

Weirton Daily Times article

Residents will now get a chance to show the huge nuisance created in the area by the impact of the project and its construction that has already modified roads, tore up landscape and modified watershed, views and access during the pre-construction work currently underway.