Posted on 01/15/2016 3:56:21 PM PST by Huntress
PLANO (CBSDFW.COM) â 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.
âOne of the big reasons we chose the house was because we would be able to move this playhouse,â 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.
âItâs unfathomable to me. I canât imagine the sound of kids playing at any age or stage of my life and thinking that I needed to sue someone over it,â says Counts.
But Counts is being sued for a playhouse that her neighbors say is upsetting their âtranquil quality of lifeâ and quote âcreating noise issues as well as visibility issues for them and their pets,â 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.
âI have nothing to say. I have to call my attorney,â he told CBS11.
But the Wards argue that because the 10, 7, 4 and 2 year old children are homeschooled, the noise never stops.
âThe Wards have never once asked me to tone down the noise of the kids playing,â says Counts.
Kelly Counts says sheâs tried to work with her neighbors but they refuse.
Since the City of Plano and her HOA have approved the playhouse, the Counts donât plan to move it.
But they also donât want their children to hearing explicit music when they go outside.
âI donât feel comfortable in my own backyard,â says Counts.
This appears to be headed to court with both sides seeking damages.
Sometimes fate just hits us in the butt.
That’s what I always said about myself ... but I didn’t include the backache thing which I could have because my back does ache sometimes.
You are not that bad, humblegunner. Tryin’ but not there yet.
They have a disability exemption on their taxes.
This cannot end well.
Maybe I...CHEETAH-ED
Maybe not...
Your mind is like a huge storage and you never forget anything! You love to learn and discover new things, and fortunately for you, you remember every detail of it forever. You know how to pronounce and even spell Benedict Cumberbatch, you know what Capital city of Netherlands is and we promise, if you go to the Who Wants to Be a Millionaire game show - you'll win!
Holding your own, I see. Good on ya! Things will be all right.
Roll with the punches, and try to be amusing in retaliation.
Salamander (courtesy ping) is really a very nice lady, so don’t
believe all that bad stuff she says about herself. She is also
my dear friend, and we are both big Alice Cooper fans.
“But Counts is being sued for a playhouse that her neighbors say is upsetting their “tranquil quality of life””
If there was a prior suit against the neighbor for frequent playing of loud music I don’t see any judge viewing their life as tranquil.
I'm guessing the music was played loudly to force the kids back inside the house. I think the neighbors were trying to get the kids to go back inside without having to go through the HOA. Seems the mommy sued over it.
It's because of the snake thing, isn't it? :D
Who doesn’t like snakes?
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