Massachusetts Civil Procedure Rule 23 : Class Action : Massachusetts lost rental value concept a practical way to measure property loss.
The Town of Falmouth failed the reasonable steps of “Due Diligence” placing commercial megawatt wind turbines near 200 residential homes.Due Diligence is reasonable steps taken by a town in order to satisfy a legal requirement, especially in buying, selling and placing something like a 1.65 megawatt wind turbine and placing it within hundreds of feet of 200 residential homes. The cure is Massachusetts Civil Procedure Rule 23 : Class Action.
The Prerequisites to Class Action. One or more members of a class may sue as representative parties on behalf of all only if (1) the class is so numerous that joinder of all members is impracticable, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (4) the representative parties will fairly and adequately protect the interests of the class.
The Town of Falmouth over a six year period has created a second “class” group of citizens who own residential homes within thousands of feet of two commercial megawatt wind turbines. The home owners are the original stake holders.
The Town of Falmouth was aware the Massachusetts Clean Energy Center had dropped the warning of two distinct types of noise from the turbines found in boiler plate studies in Mattapoisett and other Massachusetts towns prior to Falmouth.
The noise types are “Regulatory’ measured in decibels and “Human Annoyance” today known as infra sound. The reference to two distinct types of noise can be found in multiple Massachusetts noise studies done for commercial wind turbines prior to the Falmouth installations. The noise warning of two distinct types of noise was dropped for the Falmouth wind studies prior to installation.
May 2012 MassDEP notified Falmouth their noise recordings show the turbines break the regulatory noise guidelines.
The Town of Falmouth hid the Vestas noise warnings of 110 decibes of noise. The Massachusetts Clean Energy Center admitted in the April 2 2013 memo they made ” mistakes ” in acoustic noise tests and in addition the town hid the Vestas noise warning letter from the pubic.
The former Vestas Chief Executive Officer Ditlev Engel admited there is nothing the company can do to stop the human annoyance called infra sound –A jury can use comparable rental data to calculate the lost rental value for each of the 200 residential property locations.
Falmouth Wind Turbines – Residential Lost Rental Values
A jury should deliberate a guilty verdict against the Town of Falmouth and award the victims (200 residential homes) lost rental value on their homes.
The defendant, Town of Falmouth, took something special away from the homeowners, their right to use and enjoy their homes without interference from two distinct types of noise, “regulatory” and “human annoyance” as defined by the Massachusetts Clean Energy Center. The two distinct types of noise should never have been there and would not be there if not for the defendant’s negligent installation of megawatt wind turbines.
A jury can use comparable rental data to calculate the lost rental value for each property. There also is an emotional component to environmental noise contamination cases that needs to be recognized and addressed. The Town of Falmouth made a choice to profit from the turbines while taking the health and property rights of a minority of residents ( 200 residential home within 3000 feet ) with NO compensation.
The lost rental value concept is a practical way to measure lost home enjoyment, such as sleep disruption, the peace and quiet of contemplative use of residential property ,the small challenge of gardening or just enjoying the peace and quiet of a residentially zoned neighborhood.
The home owners health and property rights came to a screeching halt the day Falmouth Wind 1 began to spin.
The lost rental value concept is the amount lost in rental value based on the fair market value of the property. For example if a residential home was able to be leased or rented for $3000.00 a month and the turbines ran 12 hours a day the homeowner would be paid $1500.00 for that particular month. The formula would cover six years in which many years the turbines operated 24/7.
Lost rental values over six years can be based on the operational times of the turbines over six years. The turbines generate two distinct types of environmental noise pollution “regulatory” and “human annoyance” today known as infra sound.