Wilkey v. WED Portsmouth One, LLC

In a lawsuit asserting that a wind turbine installed at Portsmouth High School in Portsmouth, Rhode Island, constituted a public and private nuisance, a Rhode Island Superior Court denied a motion for a preliminary injunction. The court found no irreparable harm rising to the level needed for a preliminary injunction and also found that the plaintiffs failed to establish a likelihood of success on the merits and that granting the injunction would disrupt the status quo. Regarding the balance of the equities, the court noted that the public in Portsmouth and Rhode Island “are generally in favor of wind energy to help create more green, renewable energy,” and that Portsmouth voters had directly approved the construction of a wind turbine at this location. The court also cited Rhode Island law’s requirement for reduction of statewide greenhouse gas emissions and therefore found “the public interest better served by allowing the wind turbine to continue spinning.”