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Updated: 7:38 AM Jan 18, 2007
Fence Lawsuit
Ft. Defiance Some are calling it an eyesore, but a Supreme Court ruling means a 32 foot high fence in a Ft. Defiance neighborhood is allowed to stay up. Posted: 8:27 PM Jan 17, 2007Reporter: Meg Gatto Email Address: mgatto@whsv.com |
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Scott and Teresa Cline put up a 32 foot high fence on their property after they say Roy Berg was shining flood lights at their home every day for six months.
Berg says he wasn't targeting anyone, he just keeps his lights on.
However, this battle has been going on for more than two years.
Even though the state Supreme Court has decided the fence can stay, other neighbors are concerned, and now, Roy Berg says it is decreasing everyone's property value.
“It'll decrease $35,000; that was the testimony in court. That was nine to ten percent during Judge Witts’ hearing and that would decrease almost everybody's property,” said Berg.
While the fence may not be attractive, Cline says he's happy the lights no longer shine into his home.
He’s also glad the Supreme Court reversed a lower court's ruling that said he had to take it down.
“We're happy that the Supreme Court ruled in [our] favor. We understand why the local court made the ruling they did, because nobody wants a fence like that, including us, however, we felt that there was no other alternative,” Cline said.
Scott Cline says until so called "good neighbor" legislation is put into affect, his fence will stay. “Everybody has difficulties with neighbors from time to time, but if there were legislation that multiple occurrences like what we were living under for the last four years with him, multiple occurrences, that should be against the law.”
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