67. In Footnote 1, herein, Plaintiffs make reference to a closely related claim  currently being litigated in Florida District Court, Kohmetscher Case 9:19-cv-80281- DMM.  Through that current claim, Defendants were put on notice of the devastating  effects they will irreparably cause in the coming days if the rapid construction of the  Soldier Creek towers is allowed to continue unabated.  It is clear that local residents  within three miles of these wind towers -- keep in mind there are only 40 wind towers in  the related Nebraska case as opposed to 3.5x more (140) about to be erected in this  Kansas with closer spacing and 3x higher population density – will suffer serious  damages to include harm to their health and well being and diminution and intrusion  upon their property.   68. It is clear that if, as the law and facts compel, the Court finds Defendant  NextEra liable in any way, either in later adjudication in this case or in the Florida  Kohmetscher case, the damages will be permanent and involve harm to cherished homes  that money cannot adequately compensate.  As such, NextEra cannot be given some sort  of benefit of immunity or protected from the consequences of their irresponsible and  premature construction efforts when they knew or should have known the harm to  Plaintiffs and the Putative Class is, at a minimum, an open and ongoing question being  adjudicated.    70. Plaintiffs bring on their behalf and the Putative Class these class claims  pursuant to Fed. R. Civ. P. 23(b)(2) and (b)(3) as follows:    71. The Class: all persons in the United States who currently reside on and lease  or own residential property within three miles of a NextEra wind turbine in the final  planning and/or construction phase as well as on behalf of Mr. Mattwaoshshe and all  those similarly situation to his particularly heightened sovereign status.    72. Expressly excluded from the Class and Subclass are any individuals who have  a current and valid contractual relationship with Defendant NextEra or its subsidiaries for  an unexpired contract, license, lease, or easement for the purpose of operating a wind  turbine or “wind farm” on or adjacent to their property; any members of the judiciary or  their staff assigned to preside over this matter; any officer, director, or employee of  Defendant; and any immediate family members of such officers, directors, or employees.    74. In terms of Commonality & Predominance, the questions of law and fact are  overwhelmingly the same for the class and include some of the following serious issues:    (a) Whether the effects of Defendant’s “wind farms,” including disturbing and  incessant noise, vibrations, shadow flicker and strobe lighting, which have caused  nausea, headaches, sleep deprivation, vertigo, dizziness, anxiety, and diminution of  property values, among other harms, are a private nuisance; whether Defendant’s  harmful acts were done knowingly and intentionally or done in contravention of a  negligence standards of proof; and whether Plaintiffs and the Class are entitled to  certain forms of relief.  Private Nuisance (on behalf of Plaintiffs and the other Class members)   75. Plaintiff hereby incorporates by reference all previous paragraphs and  references made as if set forth herein.     76. Defendant NextEra’s current and soon-to-be completed construction of the  Soldier Creek Wind project presents an imminent, irrevocable private nuisance by the  Project’s components, equipment, movement, and effects on Plaintiffs and the Putative  Class’ person and property, due to the proximity to Plaintiffs and the Putative Class’  properties.  They pose a material and unreasonable invasion of interests in the private use  and enjoyment of Plaintiffs’ and the Class’ lands and substantively interfere with their  homes and property interests.     78. Defendant NextEra’s actions have caused actual physical discomfort to one of  ordinary sensibilities with what they have done so far with the Project and with their  contact in other locations following the same pattern once in the final planning and  construction phases.   Their conduct in the final planning and construction phase, and  soon post construction phase absent injunctive relief, has been performed in a way that is  offensive and intolerable, and out of character for the normally quiet, residential and rural  bedroom community nature of the areas where Plaintiffs’ and the other putative Class  members’ properties are located.  Defendant NextEra and its subsidiaries know and  understand the harms and negative effects that its turbines can have on nearby residents,  and they nonetheless plan and construct their turbines too close to Plaintiffs’ and the  Putative Class members’ homes and property with intent and reckless disregard.    79. As a direct and proximate result of Defendant NextEra’s and its subsidiaries  misconduct described herein, Plaintiffs and the Putative Class members have and will  increasingly suffer monetary damages, pecuniary losses, other significant harms,  including negative mental and physical health and well being affects, anxiety, emotional  distress, serious disruption of their lives, and loss and undesired radical transformation of  the use and enjoyment of their homes and properties.  Therefore, these quantifiable  damages are subject to, and can be, proven at trial.  Negligence (on behalf of Plaintiffs and the other Class members)   82. Defendant NextEra and its subsidiaries were required to exercise reasonable  care to (1) mitigate the strife, anxiety, disruption, and oppressive and/or intimidating  conduct they caused during the planning and construction phases of the project; (2) also  to mitigate the imminent noise, vibration, and other inner bodily disturbances to persons  and property or wildlife made by its wind towers and other construction; and (3) site its  towers far enough away from Plaintiffs’ and the Putative Class’ homes, properties, work  places, communities, and frequented locations so as to not have negative effects on the  health, well being, comfort, or peace of mind of effected persons and property.    NEXTERA SHOULD BE ENJOINED FROM FURTHER CONSTRUCTION UNTIL  THE ONGOING NUISANCE CLAIM IS FULLY ADJUDICATED TO PREVENT  THEIR WIDESPREAD HARM BEING REPEATED IN THIS KANSAS PROJECT  