irreparable physical and psychological harm

BARNSTABLE, Massachusetts , USA (Nov. 22 2013) In a major victory for homeowners living near a wind turbine in Falmouth, Superior Court Judge Christopher J. Muse issued a preliminary injunction today to sharply reduce the turbine’s hours of operation.                    

The Court found that the defendants in the case face “a substantial risk (that they) will suffer irreparable physical and psychological harm if the injunction is not granted.” 

Under today’s ruling, Falmouth’s two turbines must shut down from 7 p.m. to 7 a.m. Monday through Saturday, and all day on Sundays, Thanksgiving, Christmas, and New Year’s, effective immediately. 

“This is believed to be the first time that a Court in the U.S. has ruled that there is sufficient evidence that wind turbines near residential areas are a health hazard to families living nearby,” said Lilli-Ann Green,  a board member of Wind Wise Massachusetts. 

Falmouth residents Neil and Elizabeth Andersen who live near the turbine had submitted affidavits and medical records to the court supporting their claim that “the nuisance produced by the turbines has resulted in substantial and continuous insomnia, headaches, psychological disturbances, dental injuries, and other forms of malaise.” 

In the written injunction, Judge Muse said “The court finds the Andersens claims that they did not experience such symptoms prior to the construction and operation of the turbines, and that that each day of operation produces further injury, to be credible.

(Ed added bold)