Keane & Beane, P.C. attorneys Richard L. O’Rourke, James W. Borkowski, and George Alissandratos teamed up and achieved success with their motion for summary judgment to dismiss an action where plaintiffs sought $1,750,000 for private nuisance based upon alleged noise pollution. This litigation was commenced by property owners against the owner and operator of Cricket Valley Energy Center (CVEC) — a $1.5 billion electric generation facility in Dover, New York capable of producing enough electricity to power 1,000,000 homes. These plaintiffs initially sought damages, and to enjoin the operation of the CVEC facility on account of alleged air and noise emissions.
At the outset of this lawsuit, Keane & Beane, P.C. successfully defended against these property owners’ efforts to enjoin the CVEC facility’s operation and secured an immediate dismissal of all claims but for a private nuisance cause of action premised upon alleged noise.
In a Decision and Order dated November 16, 2022, the Supreme Court, Dutchess County (Honorable Maria G. Rosa, J.S.C.) ruled that the plaintiffs, who live in the vicinity of the facility, cannot establish their private nuisance claim, which was dismissed. In this extensive ten-page decision, the Court agreed with every single point advanced on behalf of CVEC, finding that (i) the alleged noise intrusions are insubstantial and not unreasonable, and (ii) plaintiffs have not suffered a diminution of the market values of their properties. The Court thus granted a motion for summary judgment and dismissed this case. A copy of the Decision and Order can be found here.
