Liz Covert and Denis Goudie filed a lawsuit against Orcas Power and Light Cooperative (OPALCO) on Oct. 10, 2026, after the utility replaced a 120‑foot wooden tower with a taller steel structure on their San Juan Islands property.
The couple argues that the easement that accompanied their 2017 purchase allows only landscaping and maintenance of existing equipment, not the erection of new, taller infrastructure. OPALCO counters that the pole site had been established with the previous owner's consent and that its members grant easements when joining the cooperative, but acknowledges that easements vary in scope.
Covert and Goudie contend that the new 120‑foot tower and its generator create heightened noise during startup cycles and distort the island's natural vistas. Neighbor Norma Andreadis is filing a parallel suit, citing similar concerns about noise and visual impact.
The dispute hinges on the precise wording of the 2023 easement and Washington state property law. Analysts note that an easement for existing equipment does not automatically authorize replacement with larger structures. A 2019 study found homes within 500 feet of cellular towers sold at discounts of up to 7.6%, highlighting the financial stakes for owners.
A state court will hear the case on Dec. 5, 2026, and its ruling could set a precedent for how utilities may upgrade infrastructure without fresh consent.