Oklahomans Seek to Protect Homes in Apex Wind Turbine Class Action

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Homeowners are worried about the health and lifestyle costs of a proposed green energy project and are suing for an injunction and potential damages in a newly filed Apex wind turbine class action lawsuit.

They come from two counties northwest of Oklahoma City and the region has become dominated by wind turbines thanks to the same bluster that helped cause the Dust Bowl. However, the plaintiffs also argue that because the wind turbines need to be large in order to generate electricity, they can also present safety risks.

The City of Piedmont passed an ordinance restricting the placement of such a wind farm within three miles of the town because of an investigation that found that the noise leads to “shadow flicker,” decreased sleep quality, cardiovascular problems, nausea and cognitive difficulties, according to the class action lawsuit. It also says that the city repealed the ordinance after Apex Wind Construction agreed to move its installation further away.

However, the local homeowners say that does little to help them. According to the class action lawsuit, other property holders had begun selling rights to their land much closer than the three-mile nuisance restriction zone mandated by Oklahoma state statute. However, while this “invasion of Plaintiffs’ right to use and enjoy their property requires Defendants to obtain an easement, … [they] have undertaken no effort to obtain such easements and Plaintiffs will be left with a cloud upon their titles.”

In addition to an estimated 43 percent drop in property value once the wind farm is installed based on sales figures in other Oklahoma counties, the plaintiffs also argue that each wind turbine comes with significant health risks. One of the the putative class members alleges that his tachycardia has been exacerbated and that the necessary dosage increase “hinders his work and keeps him from living a normal life.”

The wind turbine class action lawsuit is seeking an injunction preventing Apex Wind Construction and subsidiaries from beginning construction set to start in early 2015 or in the alternative seek damages based on counts of anticipated nuisance and trespass on behalf of “All persons owning real property in Kingfisher and Canadian Counties who reside on or own property within three miles of a planned Industrial Wind Turbine to be constructed by Defendants and have not waived by agreement any nuisance or trespass claim against Defendants. This class includes such individuals regardless of whether they reside on or own property within the municipal boundaries of a town or city.”

The plaintiffs are represented by Dallas L.D. Strimple, Jason B. Aamodt, Deanna L. Hartley and Krystina E. Phillips of the Indian and Environmental Law Group PLLC.

The Apex Wind Turbine Class Action Lawsuit is Terra Walker, et al. v. Apex Wind Construction, et al., Case No. 14-cv-00914 in U.S. District Court for the Western District of Oklahoma.