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ENZ v. DUKE ENERGY RENEWABLE SERVICES

Appeal No. 2021AP989.

991 N.W.2d 423 (2023)

2023 WI App 24

David ENZ, Rosemary Enz, Darren Ashley and Susan Ashley, Plaintiffs-Appellants, v. DUKE ENERGY RENEWABLE SERVICES, INC., a Delaware Limited Liability Company and Shirley Wind LLC, Defendants-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed: April 4, 2023.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Thomas R. Schrimpf of Hinshaw and Culbertson LLP.

On behalf of the defendants-respondents, the cause was submitted on the brief of Edward B. Ruff III , James A. LaBarge (pro hac vice) and Scott L. Howie (pro hac vice) of Pretzel & Stouffer Chartered, Chicago, Illinois, and Emery K. Harlan of MWH Law Group, LLP, Milwaukee.

Before Stark, P.J., Hruz and Gill, JJ.

¶1 This appeal concerns the proper pleading standards for private nuisance claims. David and Rosemary Enz and Darren and Susan Ashley (collectively, "Families") allege that they sustained damages caused by a wind turbine farm operated near their properties by Shirley Wind, LLC and Duke Energy Renewable Services, Inc. (collectively...

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