Published: December 08, 2008 11:52 pm      

Judge backs Gamesa in noise lawsuit

HOLLIDAYSBURG — A Blair County judge has all but released Gamesa Energy USA as a defendant in a civil lawsuit filed by a Blair County couple alleging that noise from the turbines in Allegheny Ridge Wind Farm LLC makes it difficult for them to sleep and is impacting on their health and well- being.

Meanwhile, the decision by Judge Daniel Milliron keeps alive some portions of the lawsuit filed by Todd and Jill Stull against current wind-farm owners Babcock & Brown.

Milliron left open the door for the Stulls to bring Gamesa back into the suit if they can prove fraudulent misrepresentation by the Spain-based company.

Milliron has given Pittsburgh attorney Bradley Tupi, representing the Stulls, 20 days to provide additional information on claims that Gamesa representatives told local authorities prior to construction of the farm that the turbines would not be noise intrusive.

Tupi alleged in the suit that Gamesa officials were aware of the noise the windmills would make, but they told Juniata Township officials that a local ordinance providing a 2,000 foot set-back distance from homes was sufficient to protect residents.

The Stulls have a Portage address but live in Juniata Township, Blair County.

Their home is about 2,400 feet from the closest of a number of windmills bordering their property on the north and west.

Milliron dismissed the claim that Gamesa and its subsidiary, Allegheny Ridge Wind Farm LLC, created a public nuisance with the noise the Stulls describe in the law suit as “whooshing” and “screeching.”

Tupi said suing for a public nuisance under Pennsylvania law is difficult.

Milliron allowed the charge of creating a private nuisance to remain, but he dismissed a claim for punitive damages because the suit falls short of showing outrageous conduct.

That claim can be reinstated if Tupi provides Milliron with information sustaining the claim.

The Stulls can sue for emotional distress and anxiety with Milliron agreeing that, on the surface, the complaint may show stress was caused by noise and vibrations.

Also remaining is a trespass claim, an indication Milliron thinks noise could intrude into the privacy and tranquility the Stulls sought when they purchased the 100 acres of ground in 1992.

Gamesa Senior Project Manager Doug Copeland said Monday the company has not yet reviewed the judge’s decision and had no comment at this time.

The 35 turbines in the first phase of the wind farm are located in Portage, Washington and Cresson townships, Cambria County, and Juniata and Greenfield townships in Blair County.