Along a quiet waterway in the master-planned neighborhood of Bridgeland in Cypress, a family pastime has turned foul.
An elderly couple in Cypress, Texas, has put their home up for sale after being threatened with foreclosure for feeding baby ducks. George Rowe, 72, and his wife Kathleen, 65, may lose their home of over a decade. It’s all because of a lawsuit from their local Homeowners Association.
The couple moved into their home, which is across from a waterway, about 11 years ago. They moved in after their only child, a daughter, passed away. Kathleen then found solace in feeding the ducks who crossed in front of the house. But the Lakeland Community HOA says that Kathleen violated rules. Now, they want to foreclose on the house.
Homeowners reportedly complained that the ducks pooped on their property. They also say they mangled their gardens with their little beaks.
Still, it’s hard to understand how the couple in question would be to blame for the behavior of the wildlife.
The homeowners association is seeking a hefty amount of money in the case. It’s asking for relief of no more than $250,000, on the claim that the couple engaged in “unclean, unhealthy, or untidy” activities. Sheesh.
The HOA claims that it warned the Rowes to stop feeding the ducks. They provided “repeated warnings,” but the couple ignored the warnings and continued to feed the ducks regardless. The lawsuit was filed in June in Harris County Civil Court. The suit asks the Texas judge for a “permanent mandatory injunction requiring Defendants to cease from feeding any wildlife” on the property.
Kathleen does not get along with the people running her homeowners’ association. She said that the HOA is “just a lot of very hateful type people who do not like ducks.”
Kathleen told Fox 26 Houston:
“We just watch ’em, and they’re just beautiful. I tried, I went three whole days of not feeding them, just trying to stay away from the ducks, but they started coming across the street from the waterway into my yard and basically crying. They were starving. These were the ones that people just dropped them off. They’re just a lot of very hateful type people who do not like ducks, and me, I just love ’em.”
Fortunately, the defendants have found a lawyer themselves who can fight for them in court. Richard Weaver, the couple’s lawyer, has branded the litigation as the ‘silliest’ lawsuit that he has ‘ever seen.’
Weaver said “I’m a board-certified real estate attorney, and this lawsuit is truly the silliest lawsuit I’ve ever seen in my practice. This attorney has essentially claimed that feeding ducks are either noxious or offensive — I think that’s an incredible statement “.
Kathleen reportedly started feeding the ducks after she saw the poor state of the harmless creatures. She saw that they were dumped in the wild after being born and raised in pet stores or by families for Easter events.
Fortunately, the defendants have found a lawyer themselves who can fight for them in court. Richard Weaver, the couple’s lawyer, has branded the litigation as the ‘silliest’ lawsuit that he has ‘ever seen.’
Weaver said “I’m a board-certified real estate attorney, and this lawsuit is truly the silliest lawsuit I’ve ever seen in my practice. This attorney has essentially claimed that feeding ducks are either noxious or offensive — I think that’s an incredible statement “.
Kathleen reportedly started feeding the ducks after she saw the poor state of the harmless creatures. She saw that they were dumped in the wild after being born and raised in pet stores or by families for Easter events.
Source: AWM