Landowners in southwest Neosho County are seeking an injunction against the planned Neosho Ridge Wind project.
The lawsuit lists 44 individuals and a company as plaintiffs, and Neosho Ridge Wind LLC as the defendant.
Attorney Patrick Hughes of Adams Jones Law Firm in Wichita filed the suit seeking an injunction.
Developer Apex Clean Energy plans to build 139 windmills on 44,000 acres leased in the southwest area of Neosho County to generate up to 300 megawatts of electricity. The leases are signed by more than 200 individuals and companies.
Several of the plaintiffs listed, who are not lease holders, have been outspoken about the project before the Neosho County Commission.
In the suit, the plaintiffs say they are all landowners near the proposed wind farm and some live near it. Others own and operate businesses on land they own near the project.
The suit states the project “will constitute a nuisance with respect to the plaintiffs and their property interests. It will be an annoyance and a use of property which gives offense to or endangers the life or health or obstructs the reasonable and comfortable use and enjoyment of the property of the plaintiffs.”
The suit says the generators “will be excessively loud and the noise will continue unabated for long periods of time during both day and night, including for periods of multiple days at a time.” It also says that other people near other wind-powered electrical generators have been unable to enjoy the activities of gardening, eating outside, working and hiking.
The suit lists the plaintiffs as Chetopa 14 LLC, Bryan and Debra Coover, Dillon Rapp, Kristian Van Meteren, Brian McCracken, Stephen and Dona Jeffrey, Jeb Kaufman, Douglas Reed, Chad Warner, Dustan Dyke, Ed Lacen, Martin Volz, Max Grossnickle, Shawn Sexton, Diann Fisher, Troy Russell, Rex and Margaret Houghton, Robert and Peggy Brotherton, D. Darren Wallace, Kim Whittley, Christine Brungardt, Cody and Belinda Garten, Ronald and Terri Winkler, Ray and Martha Hizey, Charles Morse, Robert and Brenda Rice, Nathan and Michaela Whitworth, Brian Bideau, John Blair, James Simon, Judy Fulps, David and Gina Burnett, Dustie Elsworth and LeRoy and Cheryl Burk.
The plaintiffs have established a legal fund and are requesting donations.
The suit was to be heard by District Judge Daryl Ahlquist, but Ahlquist recused from the case so another judge will have to preside over the suit.
Neosho Ridge has not filed an answer.