(NECN: Julie Loncich) - It hasn't even been up a full year, but one family in Scituate, Mass., said the only thing this wind turbine has generated is anxiety, illness and now legal action.
Tom Thompson represents other residents troubled by the turbine.
“Ongoing for future projects, we really need to give some consideration as to where these are going to go,” Thompson said.
This is what the McKeever family said they endure for at least three hours every day: They are 640 feet away from the turbine, and their attorney said the shadow flicker is so bad and such a nuisance, they find themselves seeking refuge elsewhere -- away from their own home.
The McKeevers are suing Scituate's Board of Health, but until that lawsuit concludes, they've asked a judge to shut down the turbine.
“The McKeevers and their children have been suffering from sleep disturbances, headaches, extreme fatigue, nausea, dizziness, ear pressure and pain, anxiety and difficulty concentrating,” said attorney Tanya Trevisan.
Attorneys for the town argued the family hasn't proved the turbine is causing irreparable harm. What's more, they said that uncovered documents over the weekend -- showing the McKeever family signed a confidential agreement with the company that owns the turbine, Scituate Wind LLC – said they were paid $20,000 not to contest or challenge the permit.
“They've kept it from us, they've kept it from the public, they kept it from the court and they're here now asking you to grant them extraordinary equitable relief when they were playing hide the ball,” said defense attorney John Davis.