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STATE OF ILLINOIS ) ) COUNTY OF LAKE )
IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, LAKE COUNTY, ILLINOIS
GARY NEWELL, LISA NEWELL,) DAVID GATES, DONNA GATES,) LAURIE RENZ, AND JOSEPH ) MULLEN, collectively ) known as CITIZENS FOR ) PROTECTION OF ) LIBERTYVILLE, ) ) Plaintiffs, ) ) Case No. -vs- ) 09 CH 1783 ) VILLAGE OF LIBERTYVILLE, ) a municipal corporation, ) et al., ) ) Defendants. )
The proceedings before
THE HONORABLE JUDGE MITCHELL HOFFMAN
July 24th, 2009
Reported by: Gina Marie Zangara, CSR
VAHL REPORTING SERVICE, LTD. (847) 244-4117 415 Washington Street, Suite 216 Waukegan, Illinois 60085 and One E. Wacker Drive, Suite 2300 Chicago, Illinois 60601 The proceedings before the HONORABLE
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JUDGE MITCHELL HOFFMAN, taken before Gina Marie
Zangara, CSR, a notary public within and for the
County of McHenry and State of Illinois, on July
24th, 2009, at the hour of 3:00 p.m., at 18
North County Street, Waukegan, Illinois.
APPEARANCES:
MR. MATTHEW HEVRIN of the Law Offices of Hinshaw & Culbertson 100 Park Avenue, Rockford, Illinois 61105 appeared on behalf of Plaintiffs;
MR. Bogdan Martinovich of the Law Offices of Ray & Glick 611 S. Milwaukee Libertyville, Illinois 60048
appeared on behalf of Aldridge Electric.
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THE COURT: All right. We are
here for ruling on the petition for preliminary
injunction. I would like to start with a
summary of the law, which I think applies in
this area.
I guess we have a preliminary
matter. There was a supplemental brief
submitted by the Plaintiff. I did read it, I
will tell you that. I don't know if you have an
objection that it has been read?
MR. MARTINOVICH: I have no
objection, Your Honor.
THE COURT: Okay. I will grant
the motion then.
MR. HEVRIN: Thank you, Your
Honor.
THE COURT: First of all, I'm
going to review the elements of a private
nuisance under the common law. And as both
parties are I'm sure aware, there are 2 kinds of
nuisances under Illinois law; public and
private.
The definition of a private
nuisance is one which affects a single
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individual or a determinate number of persons in
the enjoyment of some private right not common
to the public. And for that proposition, I
would cite Chicago National League Ballclub
versus Thompson, 108 Illinois 2nd, 357. The
wind turbine at issue here is clearly a private
nuisance since it affects a determinate number
of people who live in close proximity as opposed
to the public in general.
A private nuisance is a
substantial invasion of another's interest in
the use and enjoyment of their land. That's
Willmschen versus Trinity Lakes,
W I L L M S C H E N versus Trinity Lakes, 362
Illinois Appellate 3rd, 546, a 2nd District 2005
case.
The invasion must be either
intentional or negligent and unreasonable,
citing the same case. The term intentional may
be defined as including a knowledge of invasion
of another's interest in the use and enjoyment
of their property, either results or is
substantially sure to result from the act in
question.
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This particular case,
Aldridge need not intend to cause the injury in
order to be answerable, therefore in nuisance.
Chicago and Northwestern Railway versus
Hunerberg, H U N E R B E R G, 16 Illinois
Appellate 387. Also citing to the Restatement
Second of Torts Nuisance, section 825, comment
D.
And I would note that under
Illinois law, section 825 of the Restatement is
applicable and has been adopted. Under comment
D, the restatement relates that most of the
litigation over private nuisances involves
situations in which there are continuing or
recurrent invasions resulting from continuing or
recurrent conduct. And the same is true of many
public nuisances.
In these cases the first
invasion resulting from the actor's conduct may
be either intentional or unintentional. But
when the conduct is continued after the actor
knows that the invasion is resulting from it,
that further invasions are intentional.
An excessive amount of noise
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may constitute a nuisance under Illinois law.
People ex rel traiteur versus Abbott. That's
T R A I T E U R versus Abbott, 27 Illinois
Appellate 3rd, 277, 1975. To constitute a
nuisance, an act, occupation, or a structure
should cause some injury, actual and not
fanciful, and it must work some material
annoyance, inconvenience, or other injury,
either actual or implied, from an invasion of a
right.
In deciding whether a
particular annoyance is sufficient to constitute
a nuisance, so far as injury to a person is
concerned, the criterion is its effect on an
ordinarily reasonable person; that is a normal
person of ordinary habits and sensibilities.
Whatever is offensive
physically to the senses, and by such
offensiveness makes life uncomfortable, is a
nuisance. And any business, however lawful,
which causes annoyance materially interfering
with ordinary physical comforts of human
existence constitutes a nuisance. The cite for
that proposition is Woods versus Kahn,
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K A H N, 95 Illinois Appellate 3rd, 1087, 5th
District, 1981.
Furthermore, in City of
Chicago versus Reuter Brothers Ironworks,
R E U T E R, 398 Illinois 202, our Supreme Court
addressed the issue of noise eminating from
industrial operations which impact residential
neighbors. I will quote from that case.
A nuisance at common law is
that which unlawfully annoys or does damage to
another. And I am omitting some citations here.
Further, a common law mere noise may be of such
character as to constitute an actionable
nuisance remediable by an action on the case for
damages or by injunction. These principles are
so much a part of the common law that further
citation of authority is unnecessary on this
point.
And then continuing further
down in the same case, we must recognize that
industrial districts in large cities, the rights
of residents have become modified to some extent
by the use to which such districts are put. In
City of Kankakee versus New York Central
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Railroad, involving a suit for the abatement of
an alleged nuisance, we stated that people
residing in industrial communities must bear in
part the annoyance or detriment that is
occasioned by industries of the community.
This case involved an
ordinance of the City of Kankakee which provided
that no person should allow the escape from any
smoke stack or chimney such quantities of ash,
dust, soot, etcetera in such place or matter as
to cause injury, detriment, nuisance, or
annoyance to any person or to the public.
The Court continued, the
problem has been recognized in other
jurisdictions. The careful reading of these
cases from those jurisdictions discloses that
the better rule in cases of this type is that
laid down in Tortorella versus H. Traiser and
Company. That's T O R T O R E L L A versus H.
Traiser, T R A I S E R, and Company at 284
Massachusettes 497.
In that case, suit has
brought by an owner of a residence near a
factory building alleging the noise from the
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factory was annoying and disturbing to the
occupants of the premises and intended to create
irritability and headaches. The Supreme Court
of Massachusettes in holding that the Plaintiff
could not recover set forth the following test.
The test is whether rights
of property, of health, or of comfort are so
injuriously affected by the noise in question
that the sufferer is subjected to a loss which
goes beyond the reasonable limit imposed upon
him by the condition of living, or of holding
property in a particular locality in fact
devoted to uses which involve the emission of
noise, although ordinary care is taken to
confine it within reasonable bounds, or in the
vicinity of property of another owner, who
though creating noise, is acting with reasonable
regard for the rights of those affected by it.
Similarly in Bauman versus
Piser, B A U M A N, P I S E R, 34 Illinois
Appellate 2nd, 145, 1st District, 1962, the
Court stated that a Court of Chancery has
jurisdiction to abate nuisances, but is
reluctant to exercise its jurisdiction except in
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clear cases.
Bauman dealt with the
alleged nuisance impact of a properly
commercially zoned undertaking business on an
adjoining residentially zoned district. The
Court stated there, what constitutes a
residential district which affords a basis for
injunctive relief cannot be precisely defined.
Not only is the extent to which non residential
uses exist a factor, but there's the further
question as to how extensive the area embraced
in a residential section shall be. The number,
kind, value, and locations of the structures
therein, the uses to which the territory is
adapted, and all of the surrounding facts and
circumstances are to be considered.
No hard and fast rule can be
laid down. Each case must depend upon its own
facts. The residential area must have a
boundary. Outside the boundary, it is not
residential, and not entitled to its benefits.
Inside of that boundary, as a residential
district, the area is entitled to the benefit of
being free from disturbing business enterprises
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situated in it.
Skipping down a bit further,
the fact that property is zoned to prevent an
undertaking establishment does not bar the right
to challenge in an action in equity the location
of the funeral establishment and proposed use of
the property on the ground that it constitutes a
nuisance.
In addition to the question
of the extent to which a residential use is
entitled to protection from a nearby commercial
or industrial use, in determining what
constitutes a nuisance, the questions of time,
location, and surrounding circumstances must be
considered, and whether a thing is a nuisance at
a particular place ordinarily is a question of
fact.
I cite for that City of
Chicago versus Commonwealth Edison, 24 Illinois
Appellate 3rd, 624, 1st District, 1974.
Summarizing Illinois nuisance law then, this
quote from Illinois law and practice in the
nuisance section, Section 10 states in judging
whether a thing is a public nuisance, the public
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good it does may in some cases where the public
health is not involved be considered to see
whether it outweighs the public annoyance. And
in determining whether the invasion of another's
interest in the use and enjoyment of his or her
land is unreasonable within the rule governing
liability for nuisance, the Courts will weigh
the gravity of the harm done to the Plaintiff
against the utility of the business of the
Defendant and the suitability of the location of
the Defendant's premises.
Interference restraining
normal industrial activities is contrary to
public policy. And the only protection the
public is entitled to is against unreasonable
and unnecessary odors, noises, and smoke. In
the case of a suitably located industrial plant,
its interference with the property of others
will not constitute an actionable nuisance
unless that interference is substantial or
greater than necessary.
Now, the Court also has to
address the question of pre-emption, which has
been argued by the Defendants. The Court has
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reviewed all the cases submitted by both sides
on the issue of pre-emption. Ironically we have
now come full circle on this issue. When
Plaintiff filed its verified complaint,
Defendant moved to dismiss it under Section
2-619 of the Code of Civil Procedure because it
claimed that pursuant to Section 5/45-B of the
Illinois Environmental Protection Act, Plaintiff
was required to exhaust its administrative
remedies with the Illinois Pollution Control
Board prior to seeking injunctive relief in the
Circuit Court.
In support of its position,
Defendant cited the case of Decatur Auto Auction
versus Macon County Farm Bureau, 255 Illinois
Appellate 3rd, 679, 4th District, 1993. While
the Court agreed with Defendants that only
specific allegations of violations of the
Illinois Pollution Control Board regulations
were subject to the rule on exhaustion of
administrative remedies, the Court also cited to
the Decatur opinion wherein the Appellate Court
held that the Illinois Environmental Protection
Act does not prohibit a suit being brought for
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common law nuisance.
In fact, the Illinois
Supreme Court explicitly announced this rule as
long ago as 1974, in the case of City of
Monmouth versus Pollution Control Board 57
Illinois 2nd, 482. None of the cases cited here
and by the Defendant on the pre-emption issue
hold otherwise.
So I find that this common
law nuisance action is not pre-empted by the
Illinois Environmental Protection Act or by the
Illinois Pollution Control Board regulations
adopted pursuant thereto. Defendant next argues
that assuming arguendo, that a nuisance action
is not pre-empted, that Plaintiffs have not met
the elements of the Gilmore rule, which our
Supreme Court relied upon in its decision in the
case of City of Chicago versus Beretta USA
Corporation, B E R E T T A, 213 Illinois 2nd,
351.
The Gilmore rule as
explicated by the Supreme Court states that it
is possible to create a public nuisance by
conducting a lawful enterprise in an
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unreasonable manner. If however as in the
present case the enterprise is highly regulated
by State or Federal law, the Gilmore rule
provides the proper framework for addressing the
unreasonable interference element of a public
nuisance claim.
Under the Gilmore rule, this
element can be met only by the Plaintiff's
pleading and proving that one, the Defendant
violated the applicable statutes or regulations.
Two, the Defendant was otherwise negligent in
carrying out the enterprise. Or three, the law
regulating the Defendant's enterprise is
invalid.
I have reviewed Gilmore and
the cases which Gilmore relied upon in its
statement of the rule. The rule as explicitly
stated by the Court in City of Chicago versus
Beretta applies to public nuisances. There's no
mention of the rule being applied to private
nuisances in Chicago versus Beretta. And the
Court finds that the Gilmore rule does not apply
here because this case involves a private
nuisance.
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However, assuming arguendo
that the Gilmore rule did apply here, in order
to determine whether its status as a lawful
business in a highly regulated industry would
operate to shield Defendant from a nuisance
action, the Court would have to consider the
first prong of the Gilmore test, i.e. whether
the Defendant violated the applicable statutes
and regulations.
This would of course put the
Court squarely back into the analysis of whether
the Defendant's operation of the turbine
violates the Illinois Environmental Protection
Act and the Illinois Pollution Control Board
noise regulations, which the Defendants
previously urged the Court not to do.
Were the Court to undertake
such an analysis, the Court would find extremely
persuasive the case of Roti versus LTD
Commodities, R O T I, 355 Illinois Appellate
3rd, 1039, 2nd District, 2005, which involved
facts strikingly similar to those in the case at
bar.
In Roti, the Court noted
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that under the Illinois Environmental Protection
Act and the Illinois Pollution Control Board
regulations, a complainant can establish a noise
pollution violation in one of two ways.
One, the complainant may
present noise emission measurements that prove
the alleged polluter has exceeded the specific
numeric noise limits as prescribed in the
regulations. Two, the complainant may prove
that the noise emissions from the alleged
polluter are a nuisance, and that they
unreasonably interfere with the enjoyment of
life. And I am omitting the citations.
Continuing, the Court stated
section 900.102 of the regulations in
conjunction with Section 24 of the Act prohibits
emissions that unreasonably interfere with life
or activities when such emissions violate a
particular numeric noise limit. So section
900.102 of the regulations effectively creates a
regulatory form of common law nuisance.
In fact, the factors which
the Act uses to determine whether noise
interference is unreasonable effectively mirror
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the common law considerations in a private
nuisance action. Those factors are listed in
Roti at 355 Illinois Appellate 3rd, at pages
1051 to 1052.
Therefore, depending on
whether the Gilmore test does or does not apply
in the present case, the Roti case is either
directly applicable as part of the first prong
of that test, or at a minimum, highly
instructive because the analysis of both the PCB
and the 2nd District Appellate Court in that
case closely parallel the appropriate analysis
for a common law private nuisance action.
The complaints of the
residents in Roti were very similar if not
identical with the complaints of the Plaintiffs
herein. The noise eminating from Defendant's
property in Roti was described as tremendously
annoying, disruptive of residential life, and
continuous.
Plaintiff's complain that
the noise caused sleep deprivation and
vibrations even with their windows shut. They
describe the noise as different in kind and
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frequency than other pre-existing traffic and
commercially related noises in the area, which
were infrequent and of shorter duration.
Some people found it
difficult to work at home, to read, and could
not use their decks or backyards. One resident
described the noise from Defendant's property as
being like "a loud diesel truck". The Pollution
Control Board in Roti ultimately fined the
Defendants and banned their nighttime
operations, allowing them to continue operating
during the day.
The Appellate Court upheld
the PCB's ruling. The Appellate Court
considered inter alia the social and economic
value of the pollution source, the character and
degree of the injury, the appropriateness of the
location of Defendant's business.
All of these factors as I
earlier explained are appropriate considerations
in the present common law private nuisance
action. So that is an overview of the law in
this area. Now, I want to summarize the
testimony in the present case.
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Ms. Laurie Renz testified
that prior to the turbine's operation, living
conditions were fine. She says that she quilts
in the daylight hours and has a large backyard
and she used to garden a lot. She normally
sleeps between 12:00 and 1:00 a.m. and wakes up
by 9:00 a.m.
She said that her house
would hum or buzz due to the turbine. And that
it was constant and made her feel sick to her
stomach. She said that on one morning at 6:30
a.m., she heard what she thought was a diesel
truck parked in front of her house. She
discovered the noise was actually coming from
the turbine.
She described the noise as a
constant buzz or harm, a high pitched whistling
sound. She said it thumps like a helicopter and
is never ending. She said the noise was
constant when the turbine was on. She also said
that when her windows are closed, it is more
like a buzz or a hum, and it is highly annoying.
She stated that she could
not sleep with her windows open while the
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turbine was operating. She could not fall
asleep, or she would wake up wide awake in the
middle of the night. She said that since the
turbine has been turned off, her sleep patterns
have "pretty much returned back to normal". She
also stated that if she looks at the turbine
while it is in operation, it makes her sick.
That it is like a strobe light.
She described the noise as
maddening, and a constant rumbling which becomes
unbearable. She said it was like being driven
mad by a noise. Ms. Renz also stated she never
seen or heard diesel trucks or forklifts near
the base of the turbine or anywhere else on the
Aldridge property. She does not hear or see
Aldridge's stamping plant at night.
Donna Gates testified she
first became aware of the turbine when her
husband complained. She was not aware of the
noise because the windows were closed. She
opened the windows and heard a loud whooshing
sound which made it hard to concentrate. She
described it as a whomp, whomp sound.
She said the frequency
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varies, which is more distracting than a
consistent rhythm. She estimated that her home
might be 450 feet away from the turbine. She
said that prior to the operation of the turbine,
the neighborhood was generally quiet. She could
hear birds in the morning. She said there was
some traffic noise at rush hours.
She said when the turbine
was on, she could not hear birds or crickets.
Now that the turbine is off, she can hear
crickets again. She testified that she cannot
concentrate on work with the windows open while
the turbine is on. That the turbine causes
stress or agitation.
She did say that she has new
insulated windows which shut out most of the
noise. But she does not want to live with her
windows closed. She said that she was able to
sleep fine before the turbine operated. And
that while the turbine was in operation, she
needed to sleep with her windows closed. When
her grandchildren slept over, she was unable to
hear her grandchild in the bedroom furthest from
her's while the turbine was on even though the
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child was crying loudly.
She said the sound is not
steady because of the wind changing, and it
makes her feel anxious and stressed. She
indicated there are some factory noises that
eminate from the Aldridge property, but they are
not constant.
Gary Newell testified. He
said that his house is approximately 400 to 500
feet away from the turbine. Prior to the
turbine's operation, he described the
neighborhood as having ideal living conditions.
It was quiet, in a quaint, modest community. He
said the turbine muffles all sounds including
birds, coyotes, and owls.
He said that during the
operation of the turbine, those sounds are gone.
You can't hear anything but the turbine, which
he described as having 2 distinct noises, the
blade, which makes a thumping noise, and the
separate grinding noise at the top.
The 2 noises combine like 2
noises out of sync. He described the overall
sound effect as being indescribably irritating.
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And that it went through his landscaper earmuffs
which used to drown out other motor noise when
he used them.
He said he can't sleep with
the windows open anymore. He could hear the
turbine with the windows closed throughout his
house. He said that when the turbine was
running, he would wake up every hour at night.
He had to put on his fan in the house to drown
out the sound.
He testified that he could
not play in his backyard with his children when
the turbine was on. He said you don't want to
be there. You feel like you have to get out of
there. His children are ages 9 and 12. He
testified that the industrial areas of the
Aldridge property are 2 blocks away, and they
cause no noise issues. He said you can hear a
pin drop at night.
Lisa Newell testified. She
estimated their house was 3 to 400 feet away
from the turbine, although she said that was
just a rough guess. She said prior to the
turbine's operation, it was quiet. You could
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hear birds and sleep with the windows open. She
said with the turbine's operation, it was
extremely loud. It wakes you at night. You
can't fall back asleep. You can hear it with
the windows closed. It is annoying and
disruptive. She home schools her kids and can't
take them outside to study.
It sounds like a washing
machine is constantly going, and it disrupts
their whole day. She said it causes her to
become anxious, disrupts the sequence of her
day. She can't sleep when it is on. And that
her daughter has had sleep problems too also
related to the turbine. She did testify that
Aldridge's industrial area to the north, that in
relation to that area, she hears no noises from
there.
Joseph Mullen testified he
lives about 300 feet away from the turbine. He
said prior to the turbine, the neighborhood was
peaceful, quiet. With the turbine, he can't
read to his son. It is a distraction and an
annoyance, a constant unrelenting noise, like a
propeller plane idling in the distance.
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He said you can hear the
turbine with the windows closed, but it is less.
With the turbine off, there's no problem
reading. He could not read on the porch when
the turbine was on. He described the sound as
being like a helicopter or a constant fan. He
said he used to sleep with the windows open
prior to the turbine.
He said when he moved in,
there were mostly warehouses on the Aldridge
property. There was truck activity. It created
sporadic noise. He said that the turbine could
be like a large commercial air conditioner on a
roof. He stated that it is very quiet at night
without the turbine. He said the turbine made
noise even when there was no wind.
David Gates testified prior
to the turbine, the neighborhood was very quiet
both day and night. He used to be out in the
yard a lot. He said the impact of the turbine
is a persistent noise. He must shut the windows
if he doesn't want to hear it constantly. Not
able to use his screened in porch. These
windows have to be closed.
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Nancy Zybel (phonetic)
testified that she is legally blind. She needs
her hearing because she is blind. The turbine
is an intrusive repetitive noise which
interferes with every facet of her life. She
said she is about 250 yards away from the
turbine.
She said prior to the
operation of the turbine, the neighborhood was
quiet. She could hear birds. She could hear
leaves rustle. She also said she could hear
cars and planes which are normal noise, and that
those noises don't last. She said the turbine
has changed her life entirely.
The turbine noise is
constant, irritating, loud, stressful. She
hears a thump, thump with the windows opened or
closed. She hears the turbine with windows
closed, and even with the T.V. on. She said
hearing it all the time is stressful and she
dreads the day it may be turned back on.
She has a backyard and a
porch which she used all the time prior to the
turbine's operation but could not use it at all
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while the turbine was on. She said in the 50
years she has been living in the area, she has
never been bothered by the manufacturing
operation on the Aldridge site. The noise from
the manufacturing was brief, if at all, but the
turbine sound was unrelenting.
Jack Jensen testified he
works for Libertyville Code Compliance as an
inspector. He has heard the turbine. It has a
whooshing propeller sound. You can hear it from
some distance away. The sound is continuous
depending on the wind conditions, although he
said it is moving pretty continuously.
He testified that the
Libertyville ordinance stipulates that sound can
not be over 60 decibels at residential property
lines. He said that background traffic noise
can be above 60 or 70 decibels on busy streets
like Rockland Road.
He took sound measurements
in late April of the turbine on maybe 8 or 9
different occasions. He made readings. He did
not recall any of the readings being over 60
decibels. He also testified that the Aldridge
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site has O-2 office manufacturing zoning for a
portion of its property and I-3 general
industrial zoning for the remaining portion of
the property. The I-3 zoning property has
equipment, trucks, equipment, metal buildings.
And he said they could have a metal stamping
plant.
He said usually in his
experience, if he gets a noise complaint in
Libertyville, if it's somebody over 60 decibels,
it would normally be something like a rooftop
air conditioning unit. The highest decibel
reading he got for the turbine with the blades
turning was at 58 decibels. He never got a
reading in excess of 60 decibels.
He went out to the site on
May 9th of 2009, a day on which there were 34
mile per hour wind gusts. He said the wind
itself was recorded at 62 to 65 decibels that
day and was louder than the turbine. He stated
that the turbine makes no noise when it is not
moving.
He said that 59.2 decibels
was the highest reading he got on the Aldridge
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property line at Rockland Road. He said
normally the noise from the manufacturing
property on Aldridge is not loud when he is out
there. This is talking about non-turbine noise.
He admitted that the turbine noise is continuous
when it is on as opposed to other noises which
are occasional.
Thomas McLinden testified
from Aldridge. He said the southern half of the
Aldridge property has offices on it. The
northern half has a repair facility -- excuse
me. Repair facilities for heavy equipment,
which operation runs 24 hours a day with heavy
trucks, many of them which deliver equipment.
He said that Aldridge is
attempting to enter the alternative energy
marketplace to build wind farms on a utility
grade level, to build hundreds of turbines in
such facilities, and also build small scale wind
turbines.
They want to be a green
company. They have taken other measures to
become and remain a green company. Not only as
a way of attracting new employees, but they also
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have an interest in entering the alternative
energy market. He testified that in his
experience, he never heard the turbine when he
was inside the office building, the Aldridge
office building, and never felt any vibration.
The turbine is only a short distance from the
doors of the office building.
Aldridge entered into
evidence Defendant's Exhibit 11, the turbine
cost report. And you know, Mr. Martinovich,
maybe I can ask for your input here. I have
written down $299,000. Do you recall if that
was the cost of construction for the turbine?
MR. MARTINOVICH: That was a
total cost for the acquisition of the turbine
and the construction.
THE COURT: Thank you. Counsel,
is that your recollection?
MR. HEVRIN: I don't recall
specifically, Your Honor, but I think that is in
the area.
THE COURT: He testified that
Aldridge is marketing small wind turbines on its
website, which shows their own turbine being
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erected. They plan to bring customers to their
site to demonstrate the wind turbine. He also
indicated there are tax incentives for wind
energy credits now available to incentivize
users to create and operate clean wind
technology.
He said that for a small
wind turbine, the projected profit margin would
be 8 to 10 percent profit on a $250,000 cost,
and that Aldridge would project building 25 to
50 such turbines in the midwest annually.
He indicated that Aldridge
experiences an energy savings of $4500 a year in
electricity by operating the turbine on its
property. He also indicated that Aldridge, as
is reflected in their pleadings, have agreed of
their own volition to operate the turbine only
between the hours of 7:00 a.m. to 7:00 p.m., and
to paint the turbine blades with a flat paint to
eliminate light flicker.
It was also his belief that
operating the wind turbine no earlier than 7:00
a.m. would eliminate the phenomenon of shadow
flicker which occurs when the sun rises behind
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the turning blades of the turbine.
He also testified on cross
examination that the windows in the Aldridge
office complex are always closed. They don't
open. And that you can't hear much of anything
from outside when they are closed. He said
potential Aldridge customers are not necessarily
residential. We are talking about for the small
wind turbines. They may include municipalities,
schools, farms, light industrial plants,
etcetera.
He also admitted they have
not sold any small wind turbines since the
turbine at issue was put up last spring. He
said that he hears the turbine when he walks
into the Aldridge building. That the decibel
levels are in his view the same as a lawnmower
or other lawn tools. He says the mechanical
noise of the turbine is constant. That the site
for the turbine was selected as a tool for
marketing and sales of turbines.
I should be clear that the
record shows Aldridge does not manufacture the
turbines. They would market the service of
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constructing the turbines on the properties of
their clients. He said if there's no wind, the
turbine does not move. And the speed of which
it moves depends on the wind speed.
That is the summary of what
I consider the most relevant parts of the
testimony at the hearing. Having considered the
law in Illinois as it relates to common law of
private nuisances, and the factors required
under Illinois law for the issuance of a
preliminary injunction relief, the Court makes
the following findings of fact.
One, Plaintiffs have a
clearly ascertained right to relief under the
Illinois common law of private nuisance. Two,
Plaintiffs have demonstrated a likelihood of
success on the merits of their nuisance claim if
Defendant continues use of the wind turbine
without reasonable restrictions.
The Court finds specifically
in regard to this element that the Defendant's
turbine began operation in the Spring of 2009.
That prior to that time, Defendant carried on
both its office and industrial operations with
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very little if any annoyance to the residents of
the abutting residential district. That
commencing with the operation of the turbine,
the combination of the noise, frequency,
vibration, shadow flicker, and light flicker of
the turbine combined with its 24 hour a day
operation 7 days a week created a substantial
invasion of Plaintiffs' use and enjoyment of
their land.
The invasion of Plaintiffs'
rights is intentional as that term is defined by
Section 825. As I explained earlier, that
doesn't mean in a layman's sense that Aldridge
intends to negatively impact their neighbors.
But under the definition of intentional, they
understand that the continued operation of the
turbine is likely to cause annoyance to its
neighbors.
Although the Defendant's
operation is lawfully zoned and permitted by the
Village of Libertyville, its unrestrained use
nonetheless causes annoyance which materially
interferes with the ordinary comforts of the
surrounding residents, the Plaintiffs herein.
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The Court finds that unless
the Court issues a preliminary injunction, the
continued unrestrained operation of the turbine
will cause immediate and irreparable harm to the
Plaintiffs' quiet enjoyment of their property,
and continue to cause that deprivation for which
there's no adequate remedy at law.
The Court also finds and has
considered as part of the nuisance analysis that
the Defendant's operation of the turbine is
intended not only as a profitmaking venture, but
also an attempt to further the important
national priority as evidenced by the tax
incentives for wind energy credits of creating
and marketing green technologies which provide
clean sources of energy.
I do not believe that I put
it too strongly when I state that we are in the
midst of a global environmental crisis, the
solution to which relies heavily on the
production of clean energy. The Court also
finds and has considered that Plaintiffs live in
a residential area that directly abuts
Defendant's property, which consists of and has
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for a long period of time consisted of office
and industrial uses. This should fairly be
taken into account in assessing and tailoring
the appropriate injunctive remedy in this case.
I want to briefly also
address the issue of whether an injunction in
this case would be preserving or altering the
status quo, i.e. a mandatory injunction. In
Kolstad versus Rankin, K O L S T A D, 179
Illinois Appellate 3rd, 1022, 4th District,
1989, the trial court issued a preliminary
injunction preventing the continued operation of
a firing range.
On appeal, the Appellate
Court addressed Defendant's contention that the
trial court had improperly altered the status
quo, which was that the firing range was
operating prior to the controversy which arose
between the parties. The Appellate Court
rejected this argument stating the preliminary
injunction is designed to prevent a threatened
wrong or the further perpetration of an
injurious act.
Defendant contends that the
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status quo is the set of circumstances which
existed immediately prior to Plaintiff's
complaint. Defendant ignores the fact that the
failure to issue a preliminary injunction could
result in injury which had not previously
occurred. Therefore the preliminary injunction
here maintains the status quo by preventing a
threatened wrong.
The preliminary injunction
also prevents the further perpetration of those
acts causing a noise which forms the basis of a
nuisance. Therefore, the trial court has not
committed an abuse of discretion warranting the
reversal of the order.
The remaining question then
is the precise parameters of the preliminary
injunction that the Court will enter here. As
the Kolstad Court noted, the restraint imposed
by an injunction should not be more extensive
than is reasonably required to protect the
interest of the party in whose favor it is
granted, and should not be so broad as to
prevent Defendant from exercising its rights.
Likewise, our Supreme Court
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has stated, an injunction should be reasonable
and should only be as broad as is essential to
safeguard the rights of the Plaintiff. That's
village of Wilsonville versus SCA Services, 86
Illinois 2nd, 1.
In crafting the injunctive
relief herein, the Court notes that both shadow
and light flicker issues will be effectively
eliminated if the turbine is not in operation at
sunrise and sunset. The Court also considers
the reasonable expectations as to offsite noise,
as in Roti, are different during the day than
they are at night.
The Court also considers
that the Defendant's stated purpose other than
the $4500 a year energy savings in operating the
turbine is for demonstration of the turbine to
potential customers. Accordingly, the Court
issues a preliminary injunction restraining the
operation of Defendant's wind turbine as
follows.
The wind turbine is not to
be operated on Monday through Friday, except for
the hours between 9:00 a.m. and 3:00 p.m. There
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will be no operation of the wind turbine on
Saturdays, Sundays, or national holidays.
Given the parameters of the
injunction, the Court finds that the possibility
of substantial financial damage to the Defendant
is small. And given the limited financial
resources of the Plaintiffs, bond is waived.
I would ask, Counsel, that
you prepare an appropriate order, and indicate
in the order that the Court's findings on the
record are incorporated by reference and are to
be filed with the Clerk of the Court within 14
days.
Do the parties wish to set a
status date? Actually the case is new enough
that you will get a --
MR. MARTINOVICH: 2-18?
THE COURT: 2-18 notice from the
clerk. So we don't need to schedule a status at
this time unless the parties wish to.
MR. HEVRIN: No. I think that
would be appropriate just to go with the date we
get from the clerk's office.
THE COURT: Do we know what that
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is by the way, Linda?
THE CLERK: 11-20.
THE COURT: Okay. November 20th.
But you will get a notice in the mail. All
right. Thank you again to the attorneys for a
very well presented case with interesting
issues.
MR. MARTINOVICH: Thank you for
your exhaustive research and, you know,
consideration.
THE COURT: Well, the attorneys
did a good job presenting the issues. I
appreciate your work as well.
MR. HEVRIN: Thank you, Your
Honor.
MR. MARTINOVICH: Thank you.
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STATE OF ILLINOIS ) ) SS: COUNTY OF MCHENRY )
I, Gina Marie Zangara, CSR, Certified Shorthand Reporter, and a notary public in and for the County of McHenry and State of Illinois, do hereby certify that the testimony given in the proceedings before the HONORABLE JUDGE MITCHELL HOFFMAN, on July 24, 2009 was recorded stenographically by me and transcribed by me. I FURTHER CERTIFY that the foregoing transcript of said proceedings is a true, correct, and complete transcript of the testimony given by the said witness at the time and place specified. I FURTHER CERTIFY that I am not a relative or employee or attorney or employee of such attorney or counsel or financially interested directly or indirectly in this action.
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IN WITNESS WHEREOF, I have
set my hand.
________________________ Gina Marie Zangara Certified Shorthand Reporter Certificate No. 084-003242
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$
$250,000 [1] - 32:9$299,000 [1] - 31:12$4500 [2] - 32:13,
39:16
0
084-003242 [1] - 43:609 [1] - 1:10
1
1 [1] - 39:510 [2] - 11:23, 32:9100 [1] - 2:91022 [1] - 37:101039 [1] - 16:211051 [1] - 18:41052 [1] - 18:4108 [1] - 4:51087 [1] - 7:111 [1] - 31:911-20 [1] - 41:212 [1] - 24:1512:00 [1] - 20:614 [1] - 40:12145 [1] - 9:2116 [1] - 5:51783 [1] - 1:10179 [1] - 37:918 [1] - 2:41962 [1] - 9:211974 [2] - 11:20, 14:41975 [1] - 6:41981 [1] - 7:21989 [1] - 37:111993 [1] - 13:161:00 [1] - 20:61st [2] - 9:21, 11:20
2
2 [5] - 3:20, 23:19, 23:22, 24:17
2-18 [2] - 40:17, 40:18
2-619 [1] - 13:62005 [2] - 4:15, 16:212009 [5] - 1:18, 2:4,
29:17, 34:22, 42:11202 [1] - 7:520th [1] - 41:3213 [1] - 14:19216 [1] - 1:222300 [1] - 1:23
24 [5] - 11:19, 17:16, 30:13, 35:6, 42:10
244-4117 [1] - 1:2124th [2] - 1:18, 2:425 [1] - 32:10250 [1] - 27:6255 [1] - 13:1527 [1] - 6:3277 [1] - 6:4284 [1] - 8:202nd [8] - 4:5, 4:15,
9:21, 14:6, 14:19, 16:21, 18:11, 39:5
3
3 [1] - 24:21300 [1] - 25:1934 [2] - 9:20, 29:17351 [1] - 14:20355 [2] - 16:20, 18:3357 [1] - 4:5362 [1] - 4:14387 [1] - 5:6398 [1] - 7:53:00 [2] - 2:4, 39:243rd [8] - 4:15, 6:4,
7:1, 11:20, 13:16, 16:21, 18:3, 37:10
4
400 [2] - 23:9, 24:21415 [1] - 1:22450 [1] - 22:3482 [1] - 14:6497 [1] - 8:214th [2] - 13:16, 37:10
5
5/45-B [1] - 13:750 [2] - 28:1, 32:11500 [1] - 23:9546 [1] - 4:1557 [1] - 14:558 [1] - 29:1459.2 [1] - 29:235th [1] - 7:1
6
60 [5] - 28:16, 28:18, 28:23, 29:10, 29:15
60048 [1] - 2:1460085 [1] - 1:2260601 [1] - 1:24
611 [1] - 2:1361105 [1] - 2:962 [1] - 29:19624 [1] - 11:2065 [1] - 29:19679 [1] - 13:166:30 [1] - 20:11
7
7 [1] - 35:770 [1] - 28:187:00 [3] - 32:18,
32:22
8
8 [2] - 28:21, 32:9825 [3] - 5:7, 5:10,
35:12847 [1] - 1:2186 [1] - 39:4
9
9 [2] - 24:15, 28:21900.102 [2] - 17:15,
17:2095 [1] - 7:19:00 [2] - 20:7, 39:249th [1] - 29:17
A
a.m [6] - 20:6, 20:7, 20:12, 32:18, 32:23, 39:24
abate [1] - 9:23abatement [1] - 8:1Abbott [2] - 6:2, 6:3able [2] - 22:18,
26:23abuse [1] - 38:13abuts [1] - 36:23abutting [1] - 35:2Accordingly [1] -
39:18account [1] - 37:3acquisition [1] -
31:15Act [7] - 13:8, 13:24,
14:11, 16:14, 17:2, 17:16, 17:23
act [3] - 4:23, 6:5, 37:23
acting [1] - 9:17action [9] - 7:14,
11:5, 14:10, 14:14, 16:6, 18:2, 18:13, 19:22, 42:22
actionable [2] - 7:13, 12:19
activities [2] - 12:13, 17:18
activity [1] - 26:11actor [1] - 5:21actor's [1] - 5:19acts [1] - 38:11actual [2] - 6:6, 6:9adapted [1] - 10:15addition [1] - 11:9address [2] - 12:23,
37:6addressed [2] - 7:6,
37:15addressing [1] - 15:4adequate [1] - 36:7adjoining [1] - 10:5administrative [2] -
13:9, 13:21admitted [2] - 30:5,
33:12adopted [2] - 5:11,
14:13affected [2] - 9:8,
9:18affects [2] - 3:24, 4:7affords [1] - 10:7ages [1] - 24:15agitation [1] - 22:14ago [1] - 14:4agreed [2] - 13:17,
32:16air [2] - 26:13, 29:12al [1] - 1:12Aldridge [24] - 2:15,
5:2, 21:15, 23:6, 24:17, 26:10, 28:4, 28:24, 29:24, 30:3, 30:9, 30:10, 30:15, 31:4, 31:8, 31:23, 32:10, 32:12, 32:15, 33:3, 33:7, 33:16, 33:23, 35:13
Aldridge's [2] - 21:16, 25:15
alia [1] - 19:15allegations [1] -
13:18alleged [4] - 8:2,
10:3, 17:7, 17:10alleging [1] - 8:24allow [1] - 8:8allowing [1] - 19:11altered [1] - 37:16altering [1] - 37:7alternative [2] -
1
30:16, 31:1amount [1] - 5:24analysis [5] - 16:11,
16:18, 18:10, 18:12, 36:9
AND [1] - 1:6announced [1] - 14:3annoyance [10] - 6:8,
6:12, 6:21, 8:4, 8:12, 12:3, 25:23, 35:1, 35:17, 35:22
annoying [4] - 9:1, 18:19, 20:22, 25:5
annoys [1] - 7:10annually [1] - 32:11another's [3] - 4:11,
4:21, 12:4answerable [1] - 5:3anxious [2] - 23:4,
25:11appeal [1] - 37:14APPEARANCES [1] -
2:7appeared [2] - 2:10,
2:15Appellate [16] - 4:15,
5:6, 6:4, 7:1, 9:21, 11:20, 13:16, 13:22, 16:20, 18:3, 18:11, 19:13, 19:14, 37:10, 37:14, 37:19
applicable [4] - 5:11, 15:10, 16:8, 18:8
applied [1] - 15:20applies [2] - 3:4,
15:19apply [3] - 15:22,
16:2, 18:6appreciate [1] -
41:13appropriate [5] -
18:12, 19:20, 37:4, 40:9, 40:22
appropriateness [1] - 19:17
April [1] - 28:21area [11] - 3:5, 10:11,
10:19, 10:23, 19:2, 19:23, 25:15, 25:16, 28:2, 31:21, 36:23
areas [1] - 24:16argued [1] - 12:24arguendo [2] -
14:14, 16:1argues [1] - 14:13argument [1] - 37:20arose [1] - 37:18ascertained [1] -
34:14ash [1] - 8:9
asleep [2] - 21:2, 25:4
assessing [1] - 37:3assuming [2] -
14:14, 16:1attempt [1] - 36:12attempting [1] -
30:16attorney [2] - 42:19,
42:20attorneys [2] - 41:5,
41:11attracting [1] - 30:24Auction [1] - 13:14authority [1] - 7:17Auto [1] - 13:14available [1] - 32:4Avenue [1] - 2:9awake [1] - 21:2aware [3] - 3:20,
21:18, 21:19
B
background [1] - 28:17
backyard [3] - 20:4, 24:12, 27:22
backyards [1] - 19:6Ballclub [1] - 4:4banned [1] - 19:10bar [2] - 11:4, 16:23base [1] - 21:14basis [2] - 10:7,
38:11Bauman [2] - 9:19,
10:2bear [1] - 8:3became [1] - 21:18become [3] - 7:22,
25:11, 30:23becomes [1] - 21:10bedroom [1] - 22:23began [1] - 34:22behalf [2] - 2:10,
2:15behind [1] - 32:24belief [1] - 32:21benefit [1] - 10:23benefits [1] - 10:21Beretta [3] - 14:18,
15:19, 15:21better [1] - 8:17between [4] - 20:6,
32:18, 37:19, 39:24beyond [1] - 9:10birds [5] - 22:6, 22:9,
23:15, 25:1, 27:10bit [1] - 11:2
blade [1] - 23:20blades [3] - 29:13,
32:19, 33:1blind [2] - 27:2, 27:3blocks [1] - 24:17Board [7] - 13:11,
13:19, 14:5, 14:12, 16:14, 17:2, 19:9
Bogdan [1] - 2:12bond [1] - 40:7bothered [1] - 28:3boundary [3] -
10:20, 10:22bounds [1] - 9:15brief [2] - 3:7, 28:5briefly [1] - 37:5bring [1] - 32:1broad [2] - 38:22,
39:2Brothers [1] - 7:4brought [2] - 8:23,
13:24build [3] - 30:17,
30:18, 30:19building [6] - 8:24,
31:4, 31:5, 31:7, 32:10, 33:16
buildings [1] - 29:5Bureau [1] - 13:15business [6] - 6:20,
10:4, 10:24, 12:9, 16:4, 19:18
busy [1] - 28:18buzz [3] - 20:9,
20:17, 20:22
C
cannot [2] - 10:8, 22:11
care [1] - 9:14careful [1] - 8:15carried [1] - 34:23carrying [1] - 15:12cars [1] - 27:12case [25] - 4:16,
4:19, 5:1, 7:8, 7:14, 7:20, 8:6, 8:22, 10:18, 12:17, 13:14, 14:4, 14:18, 15:2, 15:23, 16:19, 16:22, 18:7, 18:12, 19:24, 37:4, 37:7, 40:15, 41:6
Case [1] - 1:10cases [8] - 5:18,
8:16, 8:17, 10:1, 12:1, 13:1, 14:6, 15:16
caused [1] - 18:22causes [4] - 6:21,
22:13, 25:10, 35:22causing [1] - 38:11Central [1] - 7:24Certificate [1] - 43:6Certified [2] - 42:6,
43:6certify [1] - 42:8CERTIFY [2] - 42:13,
42:18CH [1] - 1:10challenge [1] - 11:5Chancery [1] - 9:22changed [1] - 27:14changing [1] - 23:3character [2] - 7:13,
19:16Chicago [8] - 1:24,
4:4, 5:4, 7:4, 11:19, 14:18, 15:18, 15:21
child [1] - 23:1children [2] - 24:12,
24:15chimney [1] - 8:9circle [1] - 13:3Circuit [1] - 13:12CIRCUIT [2] - 1:3,
1:4circumstances [3] -
10:16, 11:14, 38:1citation [1] - 7:17citations [2] - 7:11,
17:13cite [3] - 4:4, 6:23,
11:18cited [3] - 13:14,
13:21, 14:6cities [1] - 7:21citing [2] - 4:19, 5:6CITIZENS [1] - 1:7City [7] - 7:3, 7:24,
8:7, 11:18, 14:4, 14:18, 15:18
Civil [1] - 13:6claim [2] - 15:6,
34:17claimed [1] - 13:7clean [3] - 32:5,
36:16, 36:21clear [2] - 10:1,
33:22clearly [2] - 4:6,
34:14Clerk [1] - 40:12clerk [1] - 40:19CLERK [1] - 41:2clerk's [1] - 40:23clients [1] - 34:2close [1] - 4:8closed [12] - 20:21,
21:20, 22:18, 22:21, 24:6, 25:5, 26:2, 26:24, 27:18, 27:19, 33:4, 33:6
closely [1] - 18:12Code [2] - 13:6, 28:8collectively [1] - 1:7combination [1] -
35:4combine [1] - 23:22combined [1] - 35:6comfort [1] - 9:7comforts [2] - 6:22,
35:23coming [1] - 20:14commencing [1] -
35:3comment [2] - 5:7,
5:11commercial [2] -
11:11, 26:13commercially [2] -
10:4, 19:2committed [1] -
38:13Commodities [1] -
16:20common [13] - 3:19,
4:2, 7:9, 7:12, 7:16, 14:1, 14:9, 17:21, 18:1, 18:13, 19:21, 34:8, 34:15
Commonwealth [1] - 11:19
communities [1] - 8:3
community [2] - 8:5, 23:13
company [2] - 30:22, 30:23
Company [2] - 8:19, 8:20
complain [1] - 18:21complainant [3] -
17:3, 17:5, 17:9complained [1] -
21:19complaint [3] - 13:4,
29:9, 38:3complaints [2] -
18:14, 18:16complete [1] - 42:15complex [1] - 33:4Compliance [1] -
28:8concentrate [2] -
21:22, 22:12concerned [1] - 6:14condition [1] - 9:11conditioner [1] -
2
26:13conditioning [1] -
29:12conditions [3] - 20:3,
23:12, 28:12conduct [3] - 5:16,
5:19, 5:21conducting [1] -
14:24confine [1] - 9:15conjunction [1] -
17:16consider [2] - 16:6,
34:6consideration [1] -
41:10considerations [2] -
18:1, 19:20considered [7] -
10:16, 11:15, 12:2, 19:15, 34:7, 36:9, 36:22
considers [2] - 39:10, 39:14
consisted [1] - 37:1consistent [1] - 22:2consists [1] - 36:24constant [9] - 20:10,
20:17, 20:20, 21:10, 23:7, 25:23, 26:6, 27:16, 33:19
constantly [2] - 25:9, 26:22
constitute [5] - 6:1, 6:4, 6:12, 7:13, 12:19
constitutes [4] - 6:23, 10:6, 11:7, 11:13
constructing [1] - 34:1
construction [2] - 31:13, 31:16
contends [1] - 37:24contention [1] -
37:15continue [2] - 19:11,
36:6continued [5] - 5:21,
8:13, 35:16, 36:3, 37:12
continues [1] - 34:18continuing [3] -
5:14, 5:15, 7:19Continuing [1] -
17:14continuous [3] -
18:20, 28:11, 30:5continuously [1] -
28:13contrary [1] - 12:13
Control [7] - 13:10, 13:19, 14:5, 14:12, 16:14, 17:2, 19:9
controversy [1] - 37:18
corporation [1] - 1:12
Corporation [1] - 14:19
correct [1] - 42:15cost [4] - 31:10,
31:13, 31:15, 32:9counsel [1] - 42:20Counsel [2] - 31:17,
40:8County [4] - 2:3, 2:5,
13:15, 42:7COUNTY [3] - 1:2,
1:4, 42:2course [1] - 16:10court [3] - 37:11,
37:16, 38:12COURT [10] - 1:3,
3:1, 3:13, 3:17, 31:17, 31:22, 40:18, 40:24, 41:3, 41:11
Court [44] - 7:5, 8:13, 9:3, 9:22, 10:6, 12:22, 12:24, 13:12, 13:17, 13:21, 13:22, 14:3, 14:17, 14:22, 15:18, 15:22, 16:6, 16:11, 16:16, 16:17, 16:18, 16:24, 17:14, 18:11, 19:13, 19:14, 34:11, 34:20, 36:1, 36:2, 36:8, 36:21, 37:15, 37:19, 38:17, 38:18, 38:24, 39:7, 39:10, 39:14, 39:18, 40:4, 40:12
Court's [1] - 40:10Courts [1] - 12:7coyotes [1] - 23:15crafting [1] - 39:6create [3] - 9:2,
14:23, 32:5created [2] - 26:11,
35:7creates [1] - 17:20creating [2] - 9:17,
36:14credits [2] - 32:4,
36:14crickets [2] - 22:9,
22:11crisis [1] - 36:19criterion [1] - 6:14cross [1] - 33:2crying [1] - 23:1
CSR [3] - 1:20, 2:2, 42:5
Culbertson [1] - 2:8customers [3] - 32:1,
33:7, 39:18
D
damage [2] - 7:10, 40:5
damages [1] - 7:15date [2] - 40:15,
40:22daughter [1] - 25:13David [1] - 26:17DAVID [1] - 1:6daylight [1] - 20:4days [2] - 35:7, 40:13dealt [1] - 10:2Decatur [2] - 13:14,
13:22decibel [2] - 29:12,
33:16decibels [8] - 28:16,
28:18, 28:24, 29:10, 29:14, 29:15, 29:19, 29:23
deciding [1] - 6:11decision [1] - 14:17decks [1] - 19:6Defendant [15] -
12:10, 13:5, 13:14, 14:7, 14:13, 15:9, 15:11, 16:5, 16:8, 34:18, 34:23, 37:24, 38:3, 38:23, 40:5
Defendant's [14] - 12:11, 15:13, 16:12, 18:17, 19:7, 19:18, 31:9, 34:21, 35:19, 36:10, 36:24, 37:15, 39:15, 39:20
Defendants [5] - 1:13, 12:24, 13:17, 16:15, 19:10
defined [3] - 4:20, 10:8, 35:11
definition [2] - 3:23, 35:15
degree [1] - 19:17deliver [1] - 30:14demonstrate [1] -
32:2demonstrated [1] -
34:16demonstration [1] -
39:17deprivation [2] -
18:22, 36:6
describe [1] - 18:24described [9] -
18:18, 19:7, 20:16, 21:9, 21:23, 23:11, 23:19, 23:23, 26:5
designed [1] - 37:21determinate [2] -
4:1, 4:7determine [2] - 16:3,
17:23determining [2] -
11:12, 12:4detriment [2] - 8:4,
8:11devoted [1] - 9:13diesel [3] - 19:8,
20:12, 21:13different [3] - 18:24,
28:22, 39:12difficult [1] - 19:5directly [3] - 18:8,
36:23, 42:21discloses [1] - 8:16discovered [1] -
20:14discretion [1] - 38:13dismiss [1] - 13:5disruptive [2] -
18:19, 25:6disrupts [2] - 25:9,
25:11distance [3] - 25:24,
28:11, 31:6distinct [1] - 23:19distracting [1] - 22:1distraction [1] -
25:22District [8] - 4:15,
7:2, 9:21, 11:20, 13:16, 16:21, 18:11, 37:10
district [4] - 10:5, 10:7, 10:23, 35:2
districts [2] - 7:21, 7:23
disturbing [2] - 9:1, 10:24
done [1] - 12:8Donna [1] - 21:17DONNA [1] - 1:6doors [1] - 31:7down [5] - 7:20,
8:18, 10:18, 11:2, 31:12
dreads [1] - 27:21Drive [1] - 1:23driven [1] - 21:11drop [1] - 24:19drown [2] - 24:2,
24:9
due [1] - 20:9duration [1] - 19:3during [3] - 19:12,
23:16, 39:12dust [1] - 8:10
E
earmuffs [1] - 24:1economic [1] - 19:15Edison [1] - 11:19effect [2] - 6:14,
23:24effectively [3] -
17:20, 17:24, 39:8either [5] - 4:17,
4:22, 5:20, 6:9, 18:7Electric [1] - 2:15electricity [1] - 32:14element [3] - 15:5,
15:8, 34:21elements [2] - 3:18,
14:16eliminate [2] - 32:20,
32:23eliminated [1] - 39:9embraced [1] - 10:11eminate [1] - 23:6eminating [2] - 7:6,
18:17emission [2] - 9:13,
17:6emissions [3] -
17:10, 17:17, 17:18employee [2] -
42:19, 42:20employees [1] -
30:24empted [2] - 14:10,
14:15emption [3] - 12:23,
13:2, 14:7ending [1] - 20:19energy [8] - 30:16,
31:2, 32:4, 32:13, 36:14, 36:16, 36:21, 39:16
enjoyment [7] - 4:2, 4:12, 4:21, 12:5, 17:12, 35:8, 36:5
enter [2] - 30:16, 38:17
entered [1] - 31:8entering [1] - 31:1enterprise [4] -
14:24, 15:2, 15:12, 15:13
enterprises [1] - 10:24
3
entirely [1] - 27:14entitled [4] - 10:21,
10:23, 11:11, 12:15environmental [1] -
36:19Environmental [5] -
13:8, 13:23, 14:11, 16:13, 17:1
equipment [4] - 29:5, 30:12, 30:14
equity [1] - 11:5erected [1] - 32:1escape [1] - 8:8essential [1] - 39:2establish [1] - 17:3establishment [2] -
11:4, 11:6estimated [2] - 22:2,
24:21et [1] - 1:12etcetera [2] - 8:10,
33:11evidence [1] - 31:9evidenced [1] -
36:13ex [1] - 6:2examination [1] -
33:3exceeded [1] - 17:7except [2] - 9:24,
39:23excess [1] - 29:15excessive [1] - 5:24excuse [1] - 30:11exercise [1] - 9:24exercising [1] -
38:23exhaust [1] - 13:9exhaustion [1] -
13:20exhaustive [1] - 41:9Exhibit [1] - 31:9exist [1] - 10:10existed [1] - 38:2existence [1] - 6:23existing [1] - 19:1expectations [1] -
39:11experience [2] -
29:9, 31:3experiences [1] -
32:13explained [2] -
19:20, 35:12explicated [1] -
14:22explicitly [2] - 14:3,
15:17extensive [2] -
10:11, 38:19
extent [3] - 7:22, 10:9, 11:10
extremely [2] - 16:18, 25:3
F
facet [1] - 27:5facilities [2] - 30:12,
30:19facility [1] - 30:11fact [7] - 9:12, 11:3,
11:17, 14:2, 17:22, 34:12, 38:3
factor [1] - 10:10factors [4] - 17:22,
18:2, 19:19, 34:9factory [3] - 8:24,
9:1, 23:5facts [3] - 10:15,
10:19, 16:22failure [1] - 38:4fairly [1] - 37:2fall [2] - 21:1, 25:4fan [2] - 24:9, 26:6fanciful [1] - 6:7far [1] - 6:13Farm [1] - 13:15farms [2] - 30:17,
33:10fast [1] - 10:17favor [1] - 38:21Federal [1] - 15:3feet [4] - 22:3, 23:10,
24:21, 25:19felt [1] - 31:5filed [2] - 13:4, 40:12financial [2] - 40:5,
40:6financially [1] -
42:21findings [2] - 34:12,
40:10fine [2] - 20:3, 22:19fined [1] - 19:9firing [2] - 37:13,
37:17first [4] - 5:18, 16:7,
18:8, 21:18First [1] - 3:17flat [1] - 32:19flicker [5] - 32:20,
32:24, 35:5, 39:8following [2] - 9:5,
34:12follows [1] - 39:21FOR [1] - 1:7foregoing [1] - 42:14forklifts [1] - 21:13
form [1] - 17:21forms [1] - 38:11forth [1] - 9:5framework [1] - 15:4free [1] - 10:24frequency [3] - 19:1,
21:24, 35:4Friday [1] - 39:23front [1] - 20:13full [1] - 13:3funeral [1] - 11:6FURTHER [2] -
42:13, 42:18Furthermore [1] -
7:3furthest [1] - 22:23
G
garden [1] - 20:5GARY [1] - 1:5Gary [1] - 23:8GATES [2] - 1:6Gates [2] - 21:17,
26:17general [2] - 4:9,
29:2generally [1] - 22:5Gilmore [10] - 14:16,
14:21, 15:3, 15:7, 15:15, 15:16, 15:22, 16:2, 16:7, 18:6
Gina [4] - 1:20, 2:1, 42:5, 43:5
Given [1] - 40:3given [3] - 40:6,
42:9, 42:16Glick [1] - 2:13global [1] - 36:19governing [1] - 12:6grade [1] - 30:18grandchild [1] -
22:23grandchildren [1] -
22:22grant [1] - 3:13granted [1] - 38:22gravity [1] - 12:8greater [1] - 12:21green [3] - 30:21,
30:23, 36:15grinding [1] - 23:21ground [1] - 11:7guess [2] - 3:6,
24:23gusts [1] - 29:18
H
habits [1] - 6:16half [2] - 30:9, 30:11hand [1] - 43:2hard [2] - 10:17,
21:22harm [3] - 12:8,
20:17, 36:4headaches [1] - 9:3health [2] - 9:7, 12:2hear [17] - 21:15,
22:6, 22:9, 22:10, 22:23, 23:18, 24:5, 24:18, 25:1, 25:4, 26:1, 26:22, 27:10, 27:11, 28:10, 33:5
heard [5] - 20:12, 21:13, 21:21, 28:9, 31:3
hearing [3] - 27:3, 27:20, 34:7
hears [4] - 25:16, 27:17, 27:18, 33:15
heavily [1] - 36:20heavy [2] - 30:12,
30:13held [1] - 13:23helicopter [2] -
20:18, 26:6her's [1] - 22:24hereby [1] - 42:8herein [3] - 18:17,
35:24, 39:7HEVRIN [5] - 2:8,
3:15, 31:19, 40:21, 41:14
high [1] - 20:17highest [2] - 29:12,
29:24highly [4] - 15:2,
16:4, 18:9, 20:22Hinshaw [1] - 2:8HOFFMAN [3] - 1:17,
2:1, 42:10hold [1] - 14:8holding [2] - 9:4,
9:11holidays [1] - 40:2home [3] - 19:5,
22:2, 25:6Honor [4] - 3:12,
3:16, 31:20, 41:15HONORABLE [3] -
1:17, 1:24, 42:10hour [4] - 2:4, 24:8,
29:18, 35:6hours [5] - 20:4,
22:7, 30:13, 32:18,
39:24house [6] - 20:8,
20:13, 23:9, 24:7, 24:9, 24:21
hum [2] - 20:9, 20:22human [1] - 6:22hundreds [1] - 30:18Hunerberg [1] - 5:5husband [1] - 21:19
I
I-3 [2] - 29:2, 29:4i.e [2] - 16:7, 37:8ideal [1] - 23:12identical [1] - 18:16idling [1] - 25:24ignores [1] - 38:3Illinois [41] - 1:22,
1:24, 2:3, 2:5, 2:9, 2:14, 3:21, 4:5, 4:15, 5:5, 5:10, 6:1, 6:3, 7:1, 7:5, 9:20, 11:19, 11:21, 11:22, 13:8, 13:10, 13:15, 13:19, 13:23, 14:2, 14:6, 14:11, 14:12, 14:19, 16:13, 16:14, 16:20, 17:1, 17:2, 18:3, 34:8, 34:10, 34:15, 37:10, 39:5, 42:8
ILLINOIS [3] - 1:1, 1:4, 42:1
immediate [1] - 36:4immediately [1] -
38:2impact [4] - 7:7,
10:3, 26:20, 35:14implied [1] - 6:9important [1] - 36:12imposed [2] - 9:10,
38:18improperly [1] -
37:16IN [2] - 1:3, 43:1incentives [2] - 32:3,
36:14incentivize [1] - 32:4include [1] - 33:9including [2] - 4:20,
23:14inconvenience [1] -
6:8incorporated [1] -
40:11indescribably [1] -
23:24indicate [1] - 40:9indicated [4] - 23:5,
4
32:3, 32:12, 32:15indirectly [1] - 42:21individual [1] - 4:1industrial [12] - 7:7,
7:21, 8:3, 11:12, 12:13, 12:17, 24:16, 25:15, 29:3, 33:10, 34:24, 37:2
industries [1] - 8:5industry [1] - 16:4infrequent [1] - 19:3injunction [16] - 3:3,
7:15, 34:11, 36:2, 37:6, 37:8, 37:12, 37:21, 38:4, 38:6, 38:9, 38:17, 38:19, 39:1, 39:19, 40:4
injunctive [4] - 10:8, 13:11, 37:4, 39:6
injurious [1] - 37:23injuriously [1] - 9:8injury [7] - 5:2, 6:6,
6:8, 6:13, 8:11, 19:17, 38:5
input [1] - 31:11Inside [1] - 10:22inside [1] - 31:4inspector [1] - 28:9instructive [1] -
18:10insulated [1] - 22:16intend [1] - 5:2intended [2] - 9:2,
36:11intends [1] - 35:14intentional [6] - 4:18,
4:19, 5:20, 5:23, 35:11, 35:15
inter [1] - 19:15interest [5] - 4:11,
4:21, 12:5, 31:1, 38:21
interested [1] - 42:21interesting [1] - 41:6interfere [2] - 17:12,
17:17Interference [1] -
12:12interference [4] -
12:18, 12:20, 15:5, 17:24
interferes [2] - 27:5, 35:23
interfering [1] - 6:21intrusive [1] - 27:4invalid [1] - 15:14invasion [9] - 4:11,
4:17, 4:20, 5:19, 5:22, 6:9, 12:4, 35:8, 35:10
invasions [2] - 5:15,
5:23involve [1] - 9:13involved [3] - 8:6,
12:2, 16:21involves [2] - 5:13,
15:23involving [1] - 8:1Ironically [1] - 13:2Ironworks [1] - 7:4irreparable [1] - 36:4irritability [1] - 9:3irritating [2] - 23:24,
27:16issuance [1] - 34:10issue [8] - 4:6, 7:6,
13:2, 13:3, 14:7, 33:14, 37:6, 38:4
issued [1] - 37:11issues [6] - 24:18,
36:2, 39:8, 39:19, 41:7, 41:12
itself [1] - 29:19
J
Jack [1] - 28:7Jensen [1] - 28:7job [1] - 41:12JOSEPH [1] - 1:6Joseph [1] - 25:18JUDGE [3] - 1:17,
2:1, 42:10judging [1] - 11:23JUDICIAL [1] - 1:4July [3] - 1:18, 2:3,
42:10jurisdiction [2] -
9:23, 9:24jurisdictions [2] -
8:15, 8:16
K
Kahn [1] - 6:24Kankakee [2] - 7:24,
8:7kids [1] - 25:6kind [2] - 10:13,
18:24kinds [1] - 3:20knowledge [1] - 4:20known [1] - 1:7knows [1] - 5:22Kolstad [2] - 37:9,
38:18
L
laid [2] - 8:18, 10:18LAKE [2] - 1:2, 1:4Lakes [2] - 4:13, 4:14land [3] - 4:12, 12:6,
35:9landscaper [1] - 24:1large [3] - 7:21, 20:4,
26:13last [2] - 27:13, 33:14late [1] - 28:21Laurie [1] - 20:1LAURIE [1] - 1:6Law [2] - 2:8, 2:12law [24] - 3:4, 3:19,
3:21, 5:10, 6:1, 7:9, 7:12, 7:16, 11:21, 11:22, 14:1, 14:10, 15:3, 15:12, 17:21, 18:1, 18:13, 19:21, 19:22, 34:8, 34:10, 34:15, 36:7
lawful [3] - 6:20, 14:24, 16:3
lawfully [1] - 35:20lawn [1] - 33:18lawnmower [1] -
33:17layman's [1] - 35:13League [1] - 4:4leaves [1] - 27:11legally [1] - 27:2less [1] - 26:2level [1] - 30:18levels [1] - 33:17liability [1] - 12:7LIBERTYVILLE [2] -
1:8, 1:11Libertyville [5] -
2:14, 28:8, 28:15, 29:10, 35:21
life [6] - 6:19, 17:13, 17:17, 18:19, 27:5, 27:14
light [5] - 21:8, 32:20, 33:10, 35:5, 39:8
likelihood [1] - 34:16likely [1] - 35:17Likewise [1] - 38:24limit [2] - 9:10, 17:19limited [1] - 40:6limits [1] - 17:8Linda [1] - 41:1line [1] - 30:1lines [1] - 28:17Lisa [1] - 24:20LISA [1] - 1:5
listed [1] - 18:2litigation [1] - 5:13live [3] - 4:8, 22:17,
36:22lives [1] - 25:19living [4] - 9:11,
20:2, 23:12, 28:2locality [1] - 9:12located [1] - 12:17location [4] - 11:5,
11:14, 12:10, 19:18locations [1] - 10:13looks [1] - 21:6loss [1] - 9:9loud [5] - 19:8,
21:21, 25:3, 27:16, 30:3
louder [1] - 29:20loudly [1] - 23:1LTD [2] - 1:21, 16:19
M
machine [1] - 25:9Macon [1] - 13:15mad [1] - 21:12maddening [1] -
21:10mail [1] - 41:4maintains [1] - 38:7mandatory [1] - 37:8manner [1] - 15:1manufacture [1] -
33:23manufacturing [4] -
28:3, 28:5, 29:1, 30:2margin [1] - 32:8Marie [4] - 1:20, 2:1,
42:5, 43:5market [2] - 31:2,
33:24marketing [3] -
31:23, 33:21, 36:15marketplace [1] -
30:17Martinovich [2] -
2:12, 31:10MARTINOVICH [5] -
3:11, 31:14, 40:17, 41:8, 41:16
Massachusettes [2] - 8:21, 9:4
material [1] - 6:7materially [2] - 6:21,
35:22matter [2] - 3:7, 8:10MATTHEW [1] - 2:8MCHENRY [1] - 42:2McHenry [2] - 2:3,
42:7McLinden [1] - 30:8mean [1] - 35:13measurements [2] -
17:6, 28:20measures [1] - 30:22mechanical [1] -
33:18mention [1] - 15:20mere [1] - 7:12merits [1] - 34:17met [2] - 14:15, 15:8metal [2] - 29:5, 29:6middle [1] - 21:3midst [1] - 36:19midwest [1] - 32:11might [1] - 22:3mile [1] - 29:18Milwaukee [1] - 2:13minimum [1] - 18:9mirror [1] - 17:24MITCHELL [3] - 1:17,
2:1, 42:10modest [1] - 23:13modified [1] - 7:22Monday [1] - 39:23Monmouth [1] - 14:5morning [2] - 20:11,
22:6most [3] - 5:12,
22:16, 34:6mostly [1] - 26:10motion [1] - 3:14motor [1] - 24:2move [1] - 34:3moved [2] - 13:5,
26:9moves [1] - 34:4moving [2] - 28:13,
29:22MR [11] - 2:8, 2:12,
3:11, 3:15, 31:14, 31:19, 40:17, 40:21, 41:8, 41:14, 41:16
muffles [1] - 23:14MULLEN [1] - 1:7Mullen [1] - 25:18municipal [1] - 1:12municipalities [1] -
33:9must [8] - 4:17, 6:7,
7:20, 8:3, 10:18, 10:19, 11:14, 26:21
N
Nancy [1] - 27:1national [2] - 36:13,
40:2
5
National [1] - 4:4near [2] - 8:23, 21:13nearby [1] - 11:11necessarily [1] -
33:7necessary [1] -
12:21need [2] - 5:2, 40:19needed [1] - 22:21needs [1] - 27:2negatively [1] -
35:14negligent [2] - 4:18,
15:11neighborhood [5] -
22:5, 23:12, 25:20, 26:18, 27:9
neighbors [3] - 7:8, 35:14, 35:18
never [6] - 20:19, 21:12, 28:3, 29:14, 31:3, 31:5
new [3] - 22:15, 30:24, 40:15
New [1] - 7:24Newell [2] - 23:8,
24:20NEWELL [2] - 1:5next [1] - 14:13night [8] - 21:3,
21:16, 24:8, 24:19, 25:3, 26:14, 26:19, 39:13
nighttime [1] - 19:10NINETEENTH [1] -
1:3noise [48] - 5:24, 7:6,
7:12, 8:24, 9:8, 9:14, 9:17, 16:15, 17:3, 17:6, 17:8, 17:10, 17:19, 17:23, 18:17, 18:22, 18:24, 19:7, 20:14, 20:16, 20:19, 21:9, 21:12, 21:20, 22:7, 22:17, 23:20, 23:21, 24:2, 24:18, 25:23, 26:12, 26:16, 26:21, 27:4, 27:12, 27:15, 28:4, 28:17, 29:9, 29:21, 30:2, 30:4, 30:5, 33:19, 35:4, 38:11, 39:11
noises [9] - 12:16, 19:2, 23:5, 23:19, 23:22, 23:23, 25:16, 27:13, 30:6
non [2] - 10:9, 30:4non-turbine [1] -
30:4None [1] - 14:6
nonetheless [1] - 35:22
normal [3] - 6:15, 12:13, 27:12
normal" [1] - 21:5normally [3] - 20:5,
29:11, 30:2north [1] - 25:15North [1] - 2:5northern [1] - 30:11Northwestern [1] -
5:4notary [2] - 2:2, 42:6note [1] - 5:9noted [2] - 16:24,
38:18notes [1] - 39:7notice [2] - 40:18,
41:4November [1] - 41:3Nuisance [1] - 5:7nuisance [39] - 3:19,
3:24, 4:7, 4:10, 5:3, 6:1, 6:5, 6:13, 6:20, 6:23, 7:9, 7:14, 8:2, 8:11, 10:3, 11:8, 11:13, 11:15, 11:21, 11:23, 11:24, 12:7, 12:19, 14:1, 14:10, 14:14, 14:23, 15:6, 15:24, 16:5, 17:11, 17:21, 18:2, 18:13, 19:21, 34:15, 34:17, 36:9, 38:12
nuisances [7] - 3:21, 5:13, 5:17, 9:23, 15:19, 15:21, 34:9
number [3] - 4:1, 4:7, 10:12
numeric [2] - 17:8, 17:19
O
O-2 [1] - 29:1objection [2] - 3:10,
3:12occasional [1] - 30:7occasioned [1] - 8:5occasions [1] -
28:22occupants [1] - 9:2occupation [1] - 6:5occurred [1] - 38:6occurs [1] - 32:24odors [1] - 12:16OF [7] - 1:1, 1:2, 1:3,
1:8, 1:11, 42:1, 42:2offensive [1] - 6:17
offensiveness [1] - 6:19
office [8] - 29:1, 31:4, 31:5, 31:7, 33:4, 34:24, 37:1, 40:23
Offices [2] - 2:8, 2:12offices [1] - 30:10offsite [1] - 39:11omitting [2] - 7:11,
17:13one [4] - 3:24, 15:9,
17:4, 20:11One [4] - 1:23, 17:5,
19:6, 34:13open [6] - 20:24,
22:12, 24:5, 25:1, 26:7, 33:5
opened [2] - 21:21, 27:17
operate [3] - 16:5, 32:5, 32:17
operated [2] - 22:19, 39:23
operating [6] - 19:11, 21:1, 32:14, 32:22, 37:18, 39:16
operation [24] - 16:12, 20:2, 21:7, 22:4, 22:20, 23:11, 23:17, 24:24, 25:2, 27:9, 27:24, 28:4, 30:13, 34:22, 35:3, 35:7, 35:16, 35:20, 36:3, 36:10, 37:12, 39:9, 39:20, 40:1
operations [3] - 7:7, 19:11, 34:24
opinion [1] - 13:22opposed [2] - 4:8,
30:6order [5] - 5:3, 16:2,
38:14, 40:9, 40:10ordinance [2] - 8:7,
28:15ordinarily [2] - 6:15,
11:16ordinary [4] - 6:16,
6:22, 9:14, 35:23otherwise [2] - 14:8,
15:11outside [2] - 25:7,
33:6Outside [1] - 10:20outweighs [1] - 12:3overall [1] - 23:23overview [1] - 19:22owls [1] - 23:15own [3] - 10:18,
31:24, 32:17owner [2] - 8:23,
9:16
P
p.m [3] - 2:4, 32:18, 39:24
pages [1] - 18:3paint [2] - 32:19parallel [1] - 18:12parameters [2] -
38:16, 40:3Park [1] - 2:9parked [1] - 20:13part [4] - 7:16, 8:4,
18:8, 36:9particular [5] - 5:1,
6:12, 9:12, 11:16, 17:19
parties [4] - 3:20, 37:19, 40:14, 40:20
parts [1] - 34:6party [1] - 38:21patterns [1] - 21:4PCB [1] - 18:10PCB's [1] - 19:14peaceful [1] - 25:21People [1] - 6:2people [3] - 4:8, 8:2,
19:4per [1] - 29:18percent [1] - 32:9period [1] - 37:1permitted [1] - 35:20perpetration [2] -
37:22, 38:10persistent [1] - 26:21person [5] - 6:13,
6:15, 6:16, 8:8, 8:12persons [1] - 4:1persuasive [1] -
16:19petition [1] - 3:2phenomenon [1] -
32:23phonetic [1] - 27:1physical [1] - 6:22physically [1] - 6:18pin [1] - 24:19Piser [1] - 9:20pitched [1] - 20:17place [3] - 8:10,
11:16, 42:17Plaintiff [6] - 3:8, 9:4,
12:8, 13:4, 13:8, 39:3Plaintiff's [3] - 15:8,
18:21, 38:2Plaintiffs [9] - 1:9,
2:10, 14:15, 18:16, 34:13, 34:16, 35:24,
36:22, 40:7Plaintiffs' [3] - 35:8,
35:10, 36:5plan [1] - 32:1plane [1] - 25:24planes [1] - 27:12plant [3] - 12:17,
21:16, 29:7plants [1] - 33:10play [1] - 24:12pleading [1] - 15:9pleadings [1] - 32:16point [1] - 7:18policy [1] - 12:14polluter [2] - 17:7,
17:11Pollution [7] - 13:10,
13:19, 14:5, 14:12, 16:14, 17:2, 19:8
pollution [2] - 17:4, 19:16
porch [3] - 26:4, 26:23, 27:23
portion [2] - 29:2, 29:3
position [1] - 13:13possibility [1] - 40:4possible [1] - 14:23potential [2] - 33:7,
39:18practice [1] - 11:22pre [6] - 12:23, 13:2,
14:7, 14:10, 14:15, 19:1
pre-empted [2] - 14:10, 14:15
pre-emption [3] - 12:23, 13:2, 14:7
pre-existing [1] - 19:1
precise [1] - 38:16precisely [1] - 10:8preliminary [11] -
3:2, 3:6, 34:11, 36:2, 37:11, 37:20, 38:4, 38:6, 38:9, 38:16, 39:19
premises [2] - 9:2, 12:11
prepare [1] - 40:9prescribed [1] - 17:8present [5] - 15:2,
17:6, 18:7, 19:21, 19:24
presented [1] - 41:6presenting [1] -
41:12preserving [1] - 37:7pretty [2] - 21:5,
28:13
6
prevent [3] - 11:3, 37:21, 38:23
preventing [2] - 37:12, 38:7
prevents [1] - 38:10previously [2] -
16:16, 38:5principles [1] - 7:15priority [1] - 36:13private [14] - 3:18,
3:22, 3:23, 4:2, 4:6, 4:10, 5:13, 15:20, 15:23, 18:1, 18:13, 19:21, 34:9, 34:15
problem [2] - 8:14, 26:3
problems [1] - 25:13Procedure [1] - 13:6proceedings [4] -
1:16, 1:24, 42:9, 42:14
production [1] - 36:21
profit [2] - 32:8, 32:9profitmaking [1] -
36:11prohibit [1] - 13:24prohibits [1] - 17:16project [1] - 32:10projected [1] - 32:8prong [2] - 16:7, 18:8propeller [2] - 25:24,
28:10proper [1] - 15:4properly [1] - 10:3properties [1] - 34:1property [23] - 4:22,
9:7, 9:12, 9:16, 11:3, 11:7, 12:18, 18:18, 19:7, 21:15, 23:6, 24:17, 26:11, 28:16, 29:2, 29:4, 30:1, 30:3, 30:10, 32:15, 36:5, 36:24
proposed [1] - 11:6proposition [2] - 4:3,
6:24protect [1] - 38:20Protection [5] - 13:8,
13:23, 14:11, 16:13, 17:1
PROTECTION [1] - 1:8
protection [2] - 11:11, 12:14
prove [2] - 17:6, 17:9provide [1] - 36:15provided [1] - 8:7provides [1] - 15:4proving [1] - 15:9
proximity [1] - 4:8public [16] - 2:2,
3:21, 4:3, 4:9, 5:17, 8:12, 11:24, 12:1, 12:3, 12:14, 12:15, 14:23, 15:5, 15:19, 42:7
purpose [1] - 39:15pursuant [2] - 13:7,
14:13put [5] - 7:23, 16:10,
24:9, 33:14, 36:17
Q
quaint [1] - 23:13quantities [1] - 8:9questions [1] - 11:13quiet [8] - 22:5,
23:13, 24:24, 25:21, 26:14, 26:18, 27:10, 36:5
quilts [1] - 20:3quo [4] - 37:8, 37:17,
38:1, 38:7quote [2] - 7:8, 11:22
R
Railroad [1] - 8:1Railway [1] - 5:4range [2] - 37:13,
37:17Rankin [1] - 37:9Ray [1] - 2:13read [5] - 3:8, 3:10,
19:5, 25:22, 26:4reading [5] - 8:15,
26:4, 29:13, 29:15, 29:24
readings [2] - 28:22, 28:23
reasonable [7] - 6:15, 9:10, 9:15, 9:17, 34:19, 39:1, 39:11
reasonably [1] - 38:20
recognize [1] - 7:20recognized [1] - 8:14recollection [1] -
31:18record [2] - 33:23,
40:11recorded [2] - 29:19,
42:11recover [1] - 9:5recurrent [2] - 5:15,
5:16
reference [1] - 40:11reflected [1] - 32:16regard [2] - 9:18,
34:21regulated [2] - 15:2,
16:4regulating [1] -
15:13regulations [9] -
13:19, 14:12, 15:10, 16:9, 16:15, 17:3, 17:9, 17:15, 17:20
regulatory [1] - 17:21
rejected [1] - 37:20rel [1] - 6:2related [2] - 19:2,
25:14relates [2] - 5:12,
34:8relation [1] - 25:16relative [1] - 42:19relevant [1] - 34:6relied [2] - 14:17,
15:16relief [5] - 10:8,
13:11, 34:11, 34:14, 39:7
relies [1] - 36:20reluctant [1] - 9:24remain [1] - 30:23remaining [2] - 29:3,
38:15remediable [1] - 7:14remedies [2] - 13:10,
13:21remedy [2] - 36:7,
37:4RENZ [1] - 1:6Renz [2] - 20:1,
21:12repair [1] - 30:11Repair [1] - 30:12repetitive [1] - 27:4report [1] - 31:10Reported [1] - 1:19Reporter [2] - 42:6,
43:6REPORTING [1] -
1:21required [3] - 13:9,
34:9, 38:20research [1] - 41:9residence [1] - 8:23resident [1] - 19:6residential [13] - 7:7,
10:7, 10:9, 10:12, 10:19, 10:21, 10:22, 11:10, 18:19, 28:16, 33:8, 35:2, 36:23
residentially [1] - 10:5
residents [4] - 7:22, 18:15, 35:1, 35:24
residing [1] - 8:3resources [1] - 40:7Restatement [2] -
5:6, 5:10restatement [1] -
5:12restraining [2] -
12:12, 39:19restraint [1] - 38:18restrictions [1] -
34:19result [2] - 4:23, 38:5resulting [3] - 5:15,
5:19, 5:22results [1] - 4:22returned [1] - 21:5Reuter [1] - 7:4reversal [1] - 38:14review [1] - 3:18reviewed [2] - 13:1,
15:15rhythm [1] - 22:2rights [6] - 7:21, 9:6,
9:18, 35:11, 38:23, 39:3
rises [1] - 32:24Road [2] - 28:19,
30:1Rockford [1] - 2:9Rockland [2] - 28:19,
30:1roof [1] - 26:14rooftop [1] - 29:11Roti [8] - 16:19,
16:24, 18:3, 18:7, 18:15, 18:18, 19:9, 39:12
rough [1] - 24:23rule [14] - 8:17,
10:17, 12:6, 13:20, 14:3, 14:16, 14:21, 15:3, 15:7, 15:17, 15:20, 15:22, 16:2
ruling [2] - 3:2, 19:14rumbling [1] - 21:10running [1] - 24:8runs [1] - 30:13rush [1] - 22:7rustle [1] - 27:11
S
safeguard [1] - 39:3sales [1] - 33:21Saturdays [1] - 40:2
savings [2] - 32:13, 39:16
SCA [1] - 39:4scale [1] - 30:19schedule [1] - 40:19schools [2] - 25:6,
33:10screened [1] - 26:23Second [1] - 5:7Section [5] - 11:23,
13:5, 13:7, 17:16, 35:12
section [6] - 5:7, 5:10, 10:12, 11:23, 17:15, 17:19
see [2] - 12:2, 21:15seeking [1] - 13:11selected [1] - 33:20sense [1] - 35:13senses [1] - 6:18sensibilities [1] -
6:16separate [1] - 23:21sequence [1] - 25:11SERVICE [1] - 1:21service [1] - 33:24Services [1] - 39:4set [4] - 9:5, 38:1,
40:14, 43:2shadow [3] - 32:23,
35:5, 39:7shall [1] - 10:12shield [1] - 16:5short [1] - 31:6shorter [1] - 19:3Shorthand [2] - 42:6,
43:6shows [2] - 31:24,
33:23shut [3] - 18:23,
22:16, 26:21sick [2] - 20:10, 21:7sides [1] - 13:1similar [2] - 16:22,
18:15Similarly [1] - 9:19single [1] - 3:24site [5] - 28:4, 29:1,
29:16, 32:2, 33:19situated [1] - 11:1situations [1] - 5:14Skipping [1] - 11:2sleep [10] - 18:22,
20:24, 21:4, 22:19, 22:21, 24:4, 25:1, 25:12, 25:13, 26:7
sleeps [1] - 20:6slept [1] - 22:22small [6] - 30:19,
7
31:23, 32:7, 33:8, 33:13, 40:6
smoke [2] - 8:9, 12:16
social [1] - 19:15sold [1] - 33:13solution [1] - 36:20son [1] - 25:22soot [1] - 8:10sound [12] - 20:18,
21:22, 21:23, 23:2, 23:24, 24:10, 26:5, 28:6, 28:10, 28:11, 28:15, 28:20
sounds [3] - 23:14, 23:17, 25:8
source [1] - 19:16sources [1] - 36:16southern [1] - 30:9specific [2] - 13:18,
17:7specifically [2] -
31:20, 34:20specified [1] - 42:17speed [2] - 34:3,
34:4sporadic [1] - 26:12spring [1] - 33:14Spring [1] - 34:22squarely [1] - 16:11SS [1] - 42:1stack [1] - 8:9stamping [2] - 21:16,
29:6start [1] - 3:3state [1] - 36:18State [3] - 2:3, 15:3,
42:8STATE [2] - 1:1, 42:1statement [1] - 15:17states [2] - 11:23,
14:22stating [1] - 37:20status [7] - 16:3,
37:8, 37:16, 38:1, 38:7, 40:15, 40:19
statutes [2] - 15:10, 16:8
steady [1] - 23:3stenographically [1]
- 42:11stipulates [1] - 28:15stomach [1] - 20:11Street [2] - 1:22, 2:5streets [1] - 28:18stress [1] - 22:14stressed [1] - 23:4stressful [2] - 27:16,
27:20
strikingly [1] - 16:22strobe [1] - 21:8strongly [1] - 36:18structure [1] - 6:5structures [1] -
10:13study [1] - 25:7subject [1] - 13:20subjected [1] - 9:9submitted [2] - 3:8,
13:1substantial [4] -
4:11, 12:20, 35:7, 40:5
substantially [1] - 4:23
success [1] - 34:17sufferer [1] - 9:9sufficient [1] - 6:12suit [3] - 8:1, 8:22,
13:24suitability [1] - 12:10suitably [1] - 12:17Suite [2] - 1:22, 1:23summarize [1] -
19:23Summarizing [1] -
11:21summary [2] - 3:4,
34:5sun [1] - 32:24Sundays [1] - 40:2sunrise [1] - 39:10sunset [1] - 39:10supplemental [1] -
3:7support [1] - 13:13Supreme [6] - 7:5,
9:3, 14:3, 14:17, 14:22, 38:24
surrounding [3] - 10:15, 11:14, 35:24
sync [1] - 23:23
T
T.V [1] - 27:19tailoring [1] - 37:3tax [2] - 32:3, 36:13technologies [1] -
36:15technology [1] - 32:6term [2] - 4:19, 35:11territory [1] - 10:14test [5] - 9:5, 9:6,
16:7, 18:6, 18:9testified [17] - 20:1,
21:17, 22:11, 23:8, 24:11, 24:16, 24:20,
25:18, 26:17, 27:2, 28:7, 28:14, 28:24, 30:8, 31:2, 31:22, 33:2
testify [1] - 25:14testimony [4] -
19:24, 34:7, 42:9, 42:16
THE [13] - 1:3, 1:17, 3:1, 3:13, 3:17, 31:17, 31:22, 40:18, 40:24, 41:2, 41:3, 41:11
Therefore [3] - 18:5, 38:6, 38:12
therefore [1] - 5:3therein [1] - 10:14thereto [1] - 14:13Thomas [1] - 30:8Thompson [1] - 4:5threatened [2] -
37:21, 38:8three [1] - 15:12throughout [1] - 24:6thump [2] - 27:17thumping [1] - 23:20thumps [1] - 20:18took [1] - 28:20tool [1] - 33:20tools [1] - 33:18top [1] - 23:21Tortorella [1] - 8:18Torts [1] - 5:7total [1] - 31:15traffic [3] - 19:1,
22:7, 28:17Traiser [2] - 8:18,
8:20traiteur [1] - 6:2transcribed [1] -
42:12transcript [2] -
42:14, 42:15tremendously [1] -
18:18trial [3] - 37:11,
37:16, 38:12Trinity [2] - 4:13,
4:14truck [2] - 20:13,
26:11truck" [1] - 19:8trucks [3] - 21:13,
29:5, 30:14true [2] - 5:16, 42:15turbine [86] - 4:6,
16:12, 20:9, 20:15, 20:20, 21:1, 21:4, 21:6, 21:14, 21:18, 22:3, 22:4, 22:8, 22:10, 22:13, 22:19,
22:20, 22:24, 23:10, 23:14, 23:17, 23:18, 24:6, 24:7, 24:13, 24:22, 25:14, 25:19, 25:20, 25:21, 26:2, 26:3, 26:5, 26:8, 26:12, 26:15, 26:18, 26:20, 27:3, 27:7, 27:9, 27:13, 27:15, 27:18, 28:1, 28:6, 28:9, 28:21, 29:13, 29:20, 29:21, 30:4, 30:5, 31:3, 31:6, 31:9, 31:13, 31:15, 31:24, 32:2, 32:8, 32:14, 32:17, 32:19, 32:22, 33:1, 33:14, 33:15, 33:19, 33:20, 34:3, 34:18, 34:22, 35:3, 35:6, 35:17, 36:3, 36:10, 39:9, 39:17, 39:20, 39:22, 40:1
turbine's [5] - 20:2, 23:11, 24:24, 25:2, 27:24
turbines [9] - 30:18, 30:20, 31:23, 32:11, 33:9, 33:13, 33:21, 33:24, 34:1
turned [2] - 21:4, 27:21
turning [2] - 29:14, 33:1
Two [3] - 15:11, 17:9, 34:15
two [1] - 17:4type [1] - 8:17
U
ultimately [1] - 19:9unable [1] - 22:22unbearable [1] -
21:11uncomfortable [1] -
6:19under [9] - 3:19,
3:21, 5:9, 6:1, 13:5, 17:1, 34:10, 34:14, 35:15
Under [2] - 5:11, 15:7
undertake [1] - 16:17undertaking [2] -
10:4, 11:4unintentional [1] -
5:20unit [1] - 29:12unlawfully [1] - 7:10
unless [3] - 12:20, 36:1, 40:20
unnecessary [2] - 7:17, 12:16
unreasonable [6] - 4:18, 12:6, 12:15, 15:1, 15:5, 17:24
unreasonably [2] - 17:12, 17:17
unrelenting [2] - 25:23, 28:6
unrestrained [2] - 35:21, 36:3
up [4] - 20:6, 21:2, 24:8, 33:14
upheld [1] - 19:13urged [1] - 16:16USA [1] - 14:18users [1] - 32:5uses [5] - 9:13,
10:10, 10:14, 17:23, 37:2
utility [2] - 12:9, 30:17
V
VAHL [1] - 1:21value [2] - 10:13,
19:16varies [1] - 22:1venture [1] - 36:11verified [1] - 13:4versus [21] - 4:5,
4:13, 4:14, 5:4, 6:2, 6:3, 6:24, 7:4, 7:24, 8:18, 8:19, 9:19, 11:19, 13:15, 14:5, 14:18, 15:18, 15:21, 16:19, 37:9, 39:4
vibration [2] - 31:5, 35:5
vibrations [1] - 18:23vicinity [1] - 9:16view [1] - 33:17Village [1] - 35:21village [1] - 39:4VILLAGE [1] - 1:11violate [1] - 17:18violated [2] - 15:10,
16:8violates [1] - 16:13violation [1] - 17:4violations [1] - 13:18volition [1] - 32:17vs [1] - 1:10
8
W
Wacker [1] - 1:23waived [1] - 40:7wake [2] - 21:2, 24:8wakes [2] - 20:6,
25:3walks [1] - 33:15warehouses [1] -
26:10warranting [1] -
38:13washing [1] - 25:8Washington [1] -
1:22Waukegan [2] - 1:22,
2:5ways [1] - 17:4website [1] - 31:24week [1] - 35:7weigh [1] - 12:7wherein [1] - 13:22WHEREOF [1] - 43:1whistling [1] - 20:17whole [1] - 25:10whomp [2] - 21:23whooshing [2] -
21:21, 28:10wide [1] - 21:2Willmschen [1] -
4:13Wilsonville [1] - 39:4wind [23] - 4:6, 23:3,
26:16, 28:12, 29:18, 30:17, 30:19, 31:23, 32:2, 32:3, 32:5, 32:8, 32:22, 33:9, 33:13, 34:2, 34:4, 34:18, 36:14, 39:20, 39:22, 40:1
windows [20] - 18:23, 20:21, 20:24, 21:20, 21:21, 22:12, 22:16, 22:18, 22:21, 24:5, 24:6, 25:1, 25:5, 26:2, 26:7, 26:21, 26:24, 27:17, 27:18, 33:3
wish [2] - 40:14, 40:20
witness [1] - 42:16WITNESS [1] - 43:1Woods [1] - 6:24works [1] - 28:8written [1] - 31:12
9
Y
yard [1] - 26:20yards [1] - 27:6year [2] - 32:13,
39:16years [1] - 28:2York [1] - 7:24
Z
Zangara [4] - 1:20, 2:2, 42:5, 43:5
zoned [4] - 10:4, 10:5, 11:3, 35:20
zoning [3] - 29:1, 29:3, 29:4
Zybel [1] - 27:1
