Cleburne Turbine lawsuit moved to Federal Court

A lawsuit filed by Cleburne County residents to stop development of a wind turbine farm on Turkey Heaven Mountain in Cleburne County has been moved to federal court.

The lawsuit, filed on June 2, had dismissed all the defendants but Oklahoma-based Nations Energy Solutions and Terra-Gen Power from Delaware, so the defendants asked that the case be transferred to federal court.

Anniston attorney Christopher Hopkins, who represents the defendants, filed the notice of the move to federal court Dec. 4.

Chad Hopper, attorney for the plaintiffs, said the case was eligible to move because the plaintiffs and the defendants are from different states.

There is a chance the lawsuit could be assigned to a magistrate judge, but that would still be heard in federal court.

The plaintiffs, who live near Turkey Heaven Mountain in southeastern Cleburne County, have said the wind turbines could cause a variety of physical ailments known collectively as wind turbine syndrome as well as harm their property values. They have also protested the harm the turbines might do to local wildlife including birds and bats.  Turbines operating in other areas are known to kill birds and bats flying near them.

The case is now in the hands of U.S. Magistrate Judge John H. England.