Philip Alan Green and Jonathan Zackhery Wilks v. Century Oak Wind Project, LLC; Engie North America, Inc.; And Blattner Energy, LLC

11TH COURT OF APPEALS
EASTLAND, TEXAS
JUDGMENT

Philip Alan Green and * From the 42nd District Court
Jonathan Zackhery Wilks, of Callahan County,
Trial Court No. 22454.

Vs. No. 11-23-00125-CV * December 12, 2024

Century Oak Wind Project, LLC; * Memorandum Opinion by Williams, J.
Engie North America, Inc.; and (Panel consists of: Bailey, C.J.,
Blattner Energy, LLC, Trotter, J., and Williams, J.)

This court has inspected the record in this cause and concludes that there is
error in the judgment below. Therefore, in accordance with this court’s opinion,
we reverse the judgment of the trial court insofar as it dismissed Appellants’
intentional nuisance and negligent nuisance claims that inure from pecuniary
damages for auditory, tactile, and wildlife nuisances. We affirm the judgment of
the trial court in all other respects, including its dismissal of Appellants’ “public
nuisance” claim. We remand this case for further proceedings consistent with this
opinion. The costs incurred by reason of this appeal are taxed against the party
incurring same.