The very argument that was at the core of debate over a failed wind turbine setback bill in the recent Oklahoma legislative session is being played out in a legal case in court.
It involves a western Oklahoma family that filed suit against operators of a wind farm and the couple that leased their land for the wind operation.
During the recent Oklahoma legislature session, debate ensued over attempts to create a wind turbine setback bill. It raised the issue of not just those who oppose wind farms, but those landowners who prefer to lease their land for wind turbines. The bill eventually died.
A lawsuit was filed in March 2024 in Caddo County District Court by Randall S. Ware, his wife Susan and their three children. They sued Caddo Wind, Allete Clean Energy, Apex Clean Energy, Inc., Apex Clean Energy Holdings LLC, General Electric and landowners Bryan and Cynthia Gibbs. The Gibbs were sued because they leased their land for the operation of the wind farm.
As the suit pointed out, the Caddo Wind Farm operates more than 100 GE-powered wind turbines in the Pine Ridge Area of Caddo County. The farm is located within 100 yards of the land owned by the Wares and according to the lawsuit, the Bryan and Cynthia Gibbs property lies across the road from the Wares’ land.
The Caddo wind site was developed in 2020-21 and produces energy for McDonald’s and OshKosh Corporation through power purchase agreements. It is also one of ALLETE Clean Energy’s two largest wind sites. The other is Diamond Spring in southern Oklahoma.
The claims of the suit by the Wares contend they have suffered symptoms of ringing in the ears, tinnitus, dizziness, anxiety, headaches, problems sleeping, depression and moodiness and blamed the nearby wind turbines. They further stated the defendants had a duty to properly place the windmill turbines so the noise would not cause injury to them and “would not lessen the value” of their property.
Among other claims were: Failure to test and monitor the noise levels from the wind turbine farm and failure to place the wind turbine in a location to avoid disturbing the Plaintiffs. Their lawsuit also contended that the companies, by operating the number of wind turbines “creating excessive noise are commiting trespass on the property” of the plaintiffs. They also contend the defendants were not given permission to enter the property and it led to the “loud noise emitting from the wind turbines.”
The suit also accused the wind farm operators and the landowners Bryan and Cynthia Gibbs of “creating a nuisance.” It also alleged the Gibbs are receiving the benefits of the wind farm and are causing damages to the Wares who asked for a preliminary injunction for the defendants to “modify the wind farm for noise reduction.” They also asked for damages in the amount in excess of $75,000.
Before District Judge Kory Kirkland could rule in the case, it was transferred to federal court in Oklahoma City where the legal fight remains. In a recent ruling, U.S. District Judge David Russell dismissed the claim of trespass and denied a request by Allete Clean Energy to drop all the other defendants. He also denied motions by Caddo Wind LLC, Apex Clean Energy Holdings, LLC and Apex Clean Energy, Inc.’s motions to have the lawsuit dismissed. The judge also determined the suit against Brian and Cynthia Gibbs should be dismissed for “failure to complete service.”
Link to Caddo County District Court lawsuit:
file:///C:/Users/User/Downloads/CJ-2024-00025_1075100281%20(1).pdf