Burch v. Nedpower Mount Storm, LLC

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 appel-lees, NedPower Mount Storm, LLC and Shell WindEnergy, Inc., to enjoin the appel-lees 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 with this opinion.

I

FACTS

By final order dated April 2, 2003, the Public Service Commission (“the PSC”) granted NedPower…