Sowers v. Forest Hills Subdivision

OPINION

By the Court,

Hardesty, J.:

In this appeal, we address whether the district court properly concluded that, under the particular circumstances and' surroundings of the case, a proposed residential wind turbine would constitute a nuisance warranting a permanent injunction against its construction. Below, respondents Forest Hills Subdivision, Ann Hall, and Karl Hall (collectively, the Halls) sought to permanently enjoin their neighbor, appellant Rick Sowers, from constructing a wind turbine on his residential property, asserting that the proposed turbine would constitute a nuisance.1 The…