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Property Law Keyed to Kurtz
Sowers v. Forest Hills Subdivision
Citation:
294 P.3d 427 (2013)Facts
Rick Sowers informed residents of Forest Hills Subdivision that he planned to construct a wind turbine on his residential property. His neighbors, the Halls, and the Forest Hills Subdivision filed a complaint seeking to permanently enjoin the construction, claiming the proposed turbine would generate constant noise and obstruct views. During hearings, the district court heard testimony that the subdivision was very quiet, and that the turbine would obstruct views, create noise and shadow flicker. A licensed realtor testified that the proposed wind turbine would diminish property values. A renewable energy specialist testified that the noise would be similar to “the hum of a highway,” and a contractor testified there was no way to mitigate shadow flicker. The district court conducted site visits to a comparable wind turbine and to Sowers’ property. The court noted the turbine’s overwhelming size and considered that Forest Hills had panoramic views, was very quiet, and that the proposed turbine would likely lower property values.
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