PETER HENNER by 31W4s3

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									                                     PETER HENNER
                          ATTORNEY AND COUNSELOR AT LAW
                                      P.O. BOX 326
                           CLARKSVILLE, NEW YORK 12041-0326
                                     (518) 768-8232
                                  Fax: (518) 768-8235
                                 peter@peterhenner.com
                               WEB SITE: peterhenner.com
                                            *


                                                                      July __ 2005



Dear Mr. or Ms. _____:

        I represent Mr. John _____, who owns property that in close proximity to your property
in the Town of____. It is my understanding that you are considering leasing a portion of your
land to be used for the construction of wind turbines. Because these wind turbines may have an
adverse impact upon Mr. _____, I am writing to you to warn you that Mr. _____ will hold you
responsible for any damage to his property that may result from these wind turbines.

       The construction of the wind turbines on your property may cause my client’s property to
depreciate in value, not only as the result of the noise and light pollution, but also because of the
undesirability and potential and perceived health impacts of living next to a source of
electromagnetic radiation fields. As a result of the wind turbines, his land may become
unsaleable.

        If the wind turbines are constructed, Mr. _____ may have little choice but to commence
an action to recover for the diminution in value of his property. He may also hold you liable for
any adverse impacts, including the diminution of the quality of life that may result from the wind
turbines. For example, these turbines may be a nuisance because of noise, strobe lights, “turbine
flutter” or ice throws.

       In particular, __wind turbines(s) is (are) proposed to be located ___ feet from Mr. ___’s
property. Wind turbines on your property will be plainly visible and audible from my client’s
property. Most of Mr. _____'s land is (relevant information, e.g. residential, farming,
recreational use, etc.) and the wind turbine will adversely affect such use. There will be an
adverse aesthetic impact upon the portion of Mr. _____'s land that is in close proximity to the
wind turbines.

        Even if the wind turbine(s) that you are considering allowing to be constructed
were/was/is/are not visible from Mr. _____'s residence, a principal adverse impact of a wind
turbine is its noise, and I believe that there is a strong possibility that the noise of the wind
turbines will be clearly audible at the residence, and will create an unacceptable nuisance.


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        Although Mr. _____ would be reluctant to sue a neighbor, I do want you to be aware that
the construction of the wind turbines may severely impact Mr. _____'s property and, more
particularly, his residence, and may significantly impact his quality of life. Accordingly, I would
ask that you reconsider any intention that you may have of actually siting a wind turbine or
turbines on your property.

       If you have any questions about this letter, please do not hesitate to have your attorney
give me a call, or, if you do not have an attorney, give me a call yourself.

                                                                    Very truly yours,


                                                                    Peter Henner

cc: John _____




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