Ashland Farms operates a wind farm just outside of Palm Springs. Ashland has 400 turbines operating in the area and the winds find the turbines turning nearly round-the-clock. Next to the outer ring of Ashland turbines is a subdivision, a retirement

Question

community that finds retirees taking advantage of the Palm Springs winters and golf courses. Residents there are complaining because of the constant "whirring" noise that makes it difficult for them to sleep and often to hear radios, TVs, and computers. The subdivision was built one year after Ashland began construction of its turbines. The residents of the subdivision have filed suit. Discuss the rights of the residents and Ashland Farms.

Answer 1

This is just a variation on the Del Webb case. A discussion of moving to the nuisance is important - Ashland was there first, but the operation was only just beginning. Retirement communities are important to Palm Springs' economic base. But, you also have a national and state movement toward development of alternative energies and the need for generating power with clean resources. The challenge in balancing here is much more difficult for the court because of the inability to make Ashland just move. Hours of operation restrictions might be a solution but you need to use the wind when it is blowing - there is no easy solution here and the court will have to weigh the relative inconvenience with the need for the power.