Question
A wind farm was constructed on the open land next to a gas station owned by a mechanic. The huge windmills generated electrical power and
A "wind farm" was constructed on the open land next to a gas station owned by a mechanic. The huge windmills generated electrical power and oscillated at low speeds, resulting in very low-frequency but high-amplitude sound waves that caused extreme discomfort in a substantial minority of people. The mechanic is one of the people adversely affected by such sound waves; the vibrations from the windmills give him severe headaches and upset his immune system.
Question 1: Does the mechanic have a viable claim for trespass to land?
Question 2: If the mechanic brings an action for nuisance against the owners of the wind farm and loses, what is the most likely explanation?
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