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.