By order of the court, preliminary injunction shall issue until further order of the court.
1. The Town of Falmouth, its Selectmen, agents and persons acting in concert shall be restrained from operating the Wind Turbines located at the Waste Water Treatment Facility except during the hours of 7am to 7pm, every day of the week except Sunday.
The Andersens have submitted affidavits and medical records supporting their claim that the nuisance produced by the turbines has resulted in substantial and continuous insomnia, headaches, psychological disturbances, dental injuries, and other forms of malaise. The court finds the Andersens’ claims that they did not experience such symptoms prior to the construction and operation of the turbines, and that each day of operation produces further injury, to be credible. Taking this evidence of irreparable harm in conjunction with the moving parties’ substantial likelihood on the merits of their claim to uphold the ZBA’s finding of an ongoing nuisance created by daily 7am to 7pm turbine operation, the court finds there is a substantial risk that the Andersens will suffer irreparable physical and psychological harm if the injunction is not granted. See Packaging Indus. Group, 380 Mass. at 617.3 full information and documents here