Does the Aesthetic Impact of Wind Turbines Constitute a Nuisance?

However, not everyone is a fan of wind farms or the look of the wind turbines dotting the skyline across the Lone Star State.  This has led to an interesting question:  Can claimed negative aesthetic impact of a wind project by a neighboring landowner constitute a nuisance under Texas law?In Rankin v. FPL Energy, LLC, neighbors of the Horse Hollow Wind Farm in Taylor County, filed a lawsuit against the farm claiming it constituted a nuisance.  One of the the plaintiffs’ key claims was that the “wind farm’s aesthetic impact” and the emotional impact of the loss of the unimpeded view of neighboring landowners  was a condition that could be considered by a jury in determining whether a nuisance existed.  The plaintiffs claimed that the 400-foot-tall turbines significantly diminished the area’s scenic beauty and, therefore, the enjoyment of their property.  One plaintiff claimed that because of the wind farm, they abandoned their plan of opening a bed and breakfast due to the view of the wind farm.The court rejected the plaintiffs’ argument that the aesthetic impact created a nuisance.  Although the court recognized the wind farm’s impact on the view and the emotional reaction this could cause, it simply did not constitute a nuisance.  Texas case law limits a nuisance action  “when the challenged activity is lawful to instances in which the activity results in some invasion of the plaintiff’s property and by not allowing recovery for emotional reaction alone.”  Thus, Texas courts do not provide a nuisance action for damage to aesthetic impact.