Jerome E. BURCH, Levi Miller, Frank Fitzpatrick, Charles E. Thomas, Richard Fiedler, Robert F. Hurley, and John T. Mitchell, Plaintiffs Below, Appellants
v.
NEDPOWER MOUNT STORM, LLC and Shell Windenergy, Inc., Defendants Below, Appellees.
Supreme Court of Appeals of West Virginia.https://leagle.com/images/logo.png
Submitted April 17, 2007.
Decided June 8, 2007.
Dissenting Opinion of Justice Benjamin July 27, 2007.
Attorney(s) appearing for the Case
Richard F. Neely, Esq., Neely & Hunter, Charleston, for the Appellants.
Stephen M. LaCagnin, Esq., Andrew M. Wright, Esq., Jackson Kelly PLLC, Morgantown, Christopher L. Callas, Esq., Jackson Kelly PLLC, Charleston, for NedPower Mount Storm LLC.
Samuel M. Brock III, Esq., Grant P.H. Shuman, Esq., Spilman Thomas & Battle, PLLC, Charleston, Reginald R. Smith, Esq. (Pro Hac Vice), L. Joseph Loveland, Esq. (Pro Hac Vice), Jonathan L. Marsh, Esq. (Pro Hac Vice), King & Spalding LLP, Houston, TX, for Shell WindEnergy Inc.
John D. Wooton, Esq., for Amici Curiae Grant County Landowners.
Vincent Trivelli, Esq., The Calwell Practice, PLLC, for Amicus Curiae West Virginia State Building and Construction Trades Council, AFL-CIO.
Dennis DiBenedetto, Esq., Grant County Prosecuting Attorney, for Amici Curiae The County Commission of Grant County, The Board of Education of Grant County, The Grant County Development Authority, The Sheriff of Grant County, and The Assessor of Grant County.
Jeffrey R. Roth, Esq., for Amici Curiae Grant County Landowners/Lessors Jason Kitzmiller, Mark Nichol, Andrew Lee Evans, Linda Evans, Vernon Hanlin, Norma Hanlin, Roy Jones, David Kline, Tim Park, Evelyn Streets, and Roger Whetzel.
Supreme Court of Appeals of West Virginia.
MAYNARD, Justice.
The appellants appeal the April 7, 2006, order of the Circuit Court of Grant County that dismissed their nuisance claim in which they sought an injunction against the appellees, NedPower Mount Storm, LLC and Shell WindEnergy, Inc., to enjoin the appellees from constructing a wind power electric generating facility in close proximity to the appellants' property. For the reasons that follow, we reverse the circuit court and remand for proceedings consistent...
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