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Posted on 01/15/2016 3:56:21 PM PST by Huntress
PLANO (CBSDFW.COM) – The sound of children playing has become the subject of a lawsuit between two Plano homeowners.
Kelly Counts placed a playhouse outside her backdoor for her four children enjoy.
“One of the big reasons we chose the house was because we would be able to move this playhouse,†says Counts.
But the mother says that laughter coming from her kids in their playhouse has been drowned out by music with raunchy lyrics coming from next door.
“It’s unfathomable to me. I can’t imagine the sound of kids playing at any age or stage of my life and thinking that I needed to sue someone over it,†says Counts.
But Counts is being sued for a playhouse that her neighbors say is upsetting their “tranquil quality of life†and quote “creating noise issues as well as visibility issues for them and their pets,†according to minutes from an HOA meeting.
Those neighbors are Irving and Anita Ward.
Irving Ward declined to comment on his lawsuit or the Counts lawsuit against him over the explicit music they claim is retaliation.
“I have nothing to say. I have to call my attorney,†he told CBS11.
But the Wards argue that because the 10, 7, 4 and 2 year old children are homeschooled, the noise never stops.
“The Wards have never once asked me to tone down the noise of the kids playing,†says Counts.
Kelly Counts says she’s tried to work with her neighbors but they refuse.
Since the City of Plano and her HOA have approved the playhouse, the Counts don’t plan to move it.
But they also don’t want their children to hearing explicit music when they go outside.
“I don’t feel comfortable in my own backyard,†says Counts.
This appears to be headed to court with both sides seeking damages.
Never buy a house in a HOA neighborhood.
Another missing fact is about the raunchy music...
Might we be talking of the "rap" persuasion...?
Wow! Cro Magnon PI, nice job. Any idea what the other suit was over?
Wow...wasn’t there a day in America when people loved seeing and hearing kids play? Would they rather see / hear thugs? Muslim minuret?
She’s running some sort of day care or home schooling there and rightfully so her neighbor is upset over the noise all day.
Anita Ward, eh?
https://www.youtube.com/watch?v=k8zuqsqdCAQ
Hearing this all day would drive me crazy too.
When I was a kid someone called the cops for me practicing the trumpet. I could have been famous, I could have been a contender at the Grammys, but instead I got a very different record.
Beats repeating. Rather live in a cardboard box in an alley than subject myself to COA overloads.
PLANO (CBSDFW.COM) - The sound of children playing has become the subject of a lawsuit between two Plano homeowners.
Kelly Counts placed a playhouse outside her backdoor for her four children enjoy.
"One of the big reasons we chose the house was because we would be able to move this playhouse," says Counts.
But the mother says that laughter coming from her kids in their playhouse has been drowned out by music with raunchy lyrics coming from next door.
"It's unfathomable to me. I can't imagine the sound of kids playing at any age or stage of my life and thinking that I needed to sue someone over it," says Counts.
But Counts is being sued for a playhouse that her neighbors say is upsetting their "tranquil quality of life" and quote "creating noise issues as well as visibility issues for them and their pets," according to minutes from an HOA meeting.
Those neighbors are Irving and Anita Ward.
Irving Ward declined to comment on his lawsuit or the Counts lawsuit against him over the explicit music they claim is retaliation.
"I have nothing to say. I have to call my attorney," he told CBS11.
But the Wards argue that because the 10, 7, 4 and 2 year old children are homeschooled, the noise never stops.
"The Wards have never once asked me to tone down the noise of the kids playing," says Counts.
Kelly Counts says she's tried to work with her neighbors but they refuse.
Since the City of Plano and her HOA have approved the playhouse, the Counts don't plan to move it.
But they also don't want their children to hearing explicit music when they go outside.
"I don't feel comfortable in my own backyard," says Counts.
This appears to be headed to court with both sides seeking damages.
Personally, I like peace and quiet, though I recognize that some noise from kids, dogs, music, etc. is part of living in a neighborhood. Too much high-pitched little kid screaming and squealing can get really irritating. Parents of small children often don’t recognized that, probably because they’re able to tune it out.
That playhouse looks mighty close to the Ward’s house. It is rather large too. Shouldn’t the kids be studying?
Nazi HOA
So basically they are suing her out of spite.
My pet goldfish complains all the time saying he feels "all boxed in".
Where did you get that? The HOA said the playhouse is fine. The neighbor is suing her, not the HOA.
Ken, don’t let facts get in the way of an agenda.
Personally I used to work a job requiring me to sleep during the day. I wore earplugs because of the traffic noise.
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