Burch v. Nedpower Mount Storm, LLC

(Filed July 27, 2007)

The appellant landowners conceded, and the Court apparently agreed, that if appellee NedPower1 were a public utility with the power of eminent domain, they could not have the construction and operation of its wind-turbine facilities enjoined as a private nuisance. Rather, they would be limited to a claim for money damages in an eminent domain or inverse condemnation proceeding2 *460for noise, unsightliness, and any diminution in the value of their property caused by the facilities.3

The explicit or implicit assumptions of the appellants and apparently of the Majority in this…