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Lynn Tillotson & Pinker LLP Announces Defense Verdict In Lawsuit against Largest Wind Farm in the World

12-22-2006 10:40 AM CET | Politics, Law & Society

Press release from: Lynn Tillotson & Pinker, L.L.P.

ABILENE, Texas – The Dallas law firm of Lynn Tillotson & Pinker, L.L.P., is announcing a take-nothing jury verdict handed down late yesterday by an Abilene jury in one of the nation’s first nuisance lawsuits against a wind farm.

A jury of 10 women and two men found that Juno Beach, Fla.-based FPL Energy LLC (FPLE) did not create a private nuisance when it constructed the Horse Hollow Wind Energy Center, the world’s largest wind farm.

The case was closely watched by energy industry observers because of the potential impact on future wind farm construction. FPLE has invested more than $1 billion in its Texas wind farm operations, including the Horse Hollow facility located in Taylor and Nolan counties.

Attorney Trey Cox, a partner at Lynn Tillotson, and David Markarian, Senior Counsel for FPLE, served as co-lead counsel in the two-week trial before Judge John Wilson Weeks of the 42nd District Court in Abilene. The company also was represented by Lynn Tillotson associate Jeremy A. Fielding and H. Alan Carmichael of Sweetwater, Texas-based Steakley, Wetsel & Carmichael, L.L.P.

“This is a complete victory for wind energy, and for FPLE as a leader in the renewable energy field,” says Mr. Cox. “FPLE would like to thank these thoughtful jurors as the company continues its pledge to be a good partner to Taylor and Nolan counties while working to provide efficient energy solutions in Texas and the rest of the country.”

Attorneys for the plaintiffs argued that the wind turbines at the farm created enough noise to constitute a private nuisance, but the jurors disagreed.

At the close of trial, Judge Weeks issued directed verdicts in favor of FPLE against two plaintiffs, and the jurors found for FPLE in the claims of nine plaintiffs who remained in the case.

The Horse Hollow facility consists of 421 turbines spread over 47,000 acres located approximately 20 miles southwest of Abilene. With a maximum generating capacity of 735 megawatts, Horse Hollow is the largest wind farm in the world.

Lynn Tillotson & Pinker is a nationally recognized trial law firm focusing on complex, “high stakes” litigation where results truly matter.

Lynn Tillotson & Pinker, L.L.P.
750 N. St. Paul St.
Suite 1400
Dallas, Texas 75201
www.lynnllp.com

Press contact:
Alan Bentrup
800/559-4534
alan@legalpr.com

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