When it started operating, the noise was unbearable, according to the lawsuits. Residents were told it would be temporary. They\u2019re still waiting for the quiet to return.<\/p>\n
\u201cDuring the winter, when the rest of South Florida is opening their windows to let the fresh air in, we can\u2019t,\u201d Toll said. \u201cWe have to run our air conditioner just to drown out the sound of the plant.\u201d<\/p>\n
Defense lawyers pointed out in court filings and before Judge Haimes that some of the plaintiffs, including Tolls, live directly under the flight path of planes heading into Fort Lauderdale-Hollywood International Airport. But the noise from those jets pass in less than a minute and do not continue through the night without a break, Toll said.<\/p>\n
Stacey Toll used a phone app to measure the noise coming from the plant at 93 decibels, similar to a passing subway train or a leaf blower. A professional reading has not yet been filed as part of the case.<\/p>\n
Attorneys originally wanted to join their lawsuits as a class action, but a court denied that motion, agreeing with FPL\u2019s lawyers that too many facts distinguish the cases from each other. Each plaintiff has a different standard for how they are being inconvenienced by the plant.<\/p>\n
Besides, the FPL attorneys argued, promises made by the defendants are not actionable unless it can be established they knew at the time the promises would be broken.<\/p>\n
\u201cAn incorrect statement of future intent is not actionable unless the maker of the alleged statement knew that the statement was false when made,\u201d the attorneys wrote in a motion to dismiss, which was rejected on Aug. 7.<\/p>\n
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An FPL plant is seen across the canal near a home in the Davis Isles community in Dania Beach. (Carline Jean\/South Florida Sun Sentinel)<\/p>\n
A hearing on the case last week previewed some of the challenges the judge will face in deciding how to proceed. Without a class action, it\u2019s conceivable that the power company could ask for separate juries, breaking the plaintiffs into groups with similar allegations or even treating each one individually.<\/p>\n
Benjamin Widlanski, attorney for the plaintiffs, floated the idea of selecting a handful of \u201cbellweather\u201d cases that could be decided by a single jury and offer both sides a chance to see whether they are better off settling the rest of the cases out of court.<\/p>\n
Dorian Daggs, one of the attorneys for the defense, opposed the idea, and Judge Haimes did not resolve how to proceed.<\/p>\n
\u201cFor years, residents of Davis Isles have endured constant noise and nuisance, which have damaged their quality of life and their property values,\u201d said Widlanski, a partner with Kozyak Tropin & Throckmorton. \u201cWe look forward to securing the necessary relief to make our clients whole.\u201d<\/p>\n
The plaintiffs are seeking compensation for a decline in the value of their homes, which they intend to establish at trial, and some sound mitigation to stop the noise from reaching their homes without losing their access to the canals.<\/p>\n