Neighbor Sues Plano Mom Over Kids Playing Outside

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PLANO -- A Plano couple is suing the folks next door over the noise their kids are allegedly making. And that's just half the litigation going on in the neighborhood.

Irving and Anita Ward filed a lawsuit against Kelly and Andrew Counts over their background playhouse.  The Wards claim it "creates noise and visibility issues for them and their pets."

Hey, as Kelly Counts points out, "A playhouse doesn't make noise -- kids make noise." But if the kids were the problem, "They never, never ever have come to us to say that this was a problem."

Yeah, and this problem goes back way further than the latest lawsuit.

The Counts have four kids who are homeschooled. They play in the backyard, including the playhouse and swingset that's set up between the Counts' home and the Wards'.  Kelly says the Wards tried to get the playhouse taken down, but the Counts got permission from both the city and the homeowners association.

Once that happened... the music started.

"When my kids would go out into the backyard to play, the Wards would open up the window right next to the swing set," Kelly said.  She shared videos with NewsFix of her young children playing while profanity-laced rap music pours from the neighbor's windows. "It was so loud my kids couldn't hear me speak."

She says for three months, they asked the neighbors to stop blasting the music.  When the Wards stopped answering the door, the Counts called the police and eventually filed a lawsuit.

"And it worked," Kelly said. "They stopped playing the music when we filed it."

But just three months after that, the Counts were served with a lawsuit in return.  Now, the neighbors will be face to face in court at the end of the month.

The Wards -- who told NewsFix they had nothing to say -- will get a chance to make as much noise as they want in court.

In the meantime, we gotta wonder, can't we all just get along?

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