Judge rules in lawsuit by neighbor: No chickens

[Omaha Steve]

BRENDAN SULLIVAN / THE WORLD-HERALD
Stacy Williams and her son Adrian Marquez, 17, with two of their six female chickens in the backyard of their Trendwood home.

http://www.omaha.com/news/metro/judge-rules-in-lawsuit-by-neighbor-no-chickens/article_0ca6a37e-8c07-5f92-8e86-7143e4addfea.html

POSTED: THURSDAY, SEPTEMBER 24, 2015 12:30 AM | UPDATED: 1:31 AM, THU SEP 24, 2015.
By Todd Cooper / World-Herald staff writer

An Omaha homeowner must get rid of her backyard chickens after a neighbor complained that they violated an Omaha neighborhood’s covenants, a judge ruled Wednesday.

The ruling, however, isn’t yet a death sentence for Stacy Williams’ six chickens or the chicken coop in the backyard of the Trendwood neighborhood near 132nd and Pacific Streets. Douglas County District Judge Peter Bataillon has scheduled a hearing for next week to determine how long Williams has to comply with his order.

And Williams doesn’t plan to give up her cluckers without a fight. She and her attorney, Thomas Dorwart, said they will appeal or file a separate federal lawsuit to challenge the judge’s ruling. And they also will seek to abolish the neighborhood’s seldom-enforced covenants by gathering signatures of neighbors.

Williams said the hens serve as “therapy chickens” for her 17-year-old son, who has battled depression and anxiety.

FULL story at link.

Original story from Aug 3: http://www.democraticunderground.com/10027038883

Follow up Aug 5: http://www.democraticunderground.com/10027044429

[shenmue]

1. Awww

[PoliticAverse]

2. Wait until someone gets a rooster. n/t

[yeoman6987]

3. I am torn

Would I want those next door to me no. However, with the cost of eggs skyrocketing, I can see how some would want them.

[alphafemale]

8. You don't need a rooster to get eggs.

You only need a rooster if you want more chickens.

[MohRokTah]

9. OR if you like a lot of pre-dawn noise. eom

[GusBob]

4. Our friends had chickens, the eggs were great. The vermin not so much

First it was raccoons, then rats and mice. Snakes took care of them. Unfortunately a rattlesnake bit their small dog.

So no more chickens

[ladyVet]

16. I have six chickens, and we have no vermin.

No rats, mice, snakes, raccoons, nor possums, other than the normal amount you see out in the country. The coop and run can get smelly, but we keep it clean so that's not a normal issue (last year, when it rained all the freaking time, the run did smell a bit, but we put straw down, and got the run covered, and no more problem).

Our rooster is kind of loud, but not as bad as the neighbor's dogs. Those things bark all the time, and they get out constantly. Any one of those dogs could tear us up. The chickens will run from us.

There's nothing like fresh eggs, and it's a joy to watch the birds. They are fun animals, and have such different personalities. I hope the couple can keep their hens.

[Orrex]

5. I suspect fowl play

Which I offer only because I wanted to be first in the pending pun parade.

[Glassunion]

12. Careful, you may get some unpheasant results from this game

[pinboy3niner]

15. You've got pluck

I HATE pluck.

[mopinko]

6. i hope she can fight on.

if people got nothing but chickens to complain about, they should kiss the ground for their pampered life.
then shut up.

and even if she gets a rooster. they are not as loud as most dogs.

[MiniMe]

7. They allow backyard chickens in my neighborhood

But they have strict rules about how far away from a home the coop must be. Chickens are OK, no roosters. My next door neighbor had 2, a hawk got one of them and a fox or some other small animal got the other one. They are starting again now.

[meow2u3]

10. That judge is a fowl ball

[ryan_cats]

11. A clever person

A clever person would have offered the neighbor some eggs and in time, some breasts and thighs.

A victim claims that they are 'therapy chickens'.

[hamsterjill]

13. If chickens are forbidden in the restrictive covenants, then she has no case.

If she bought a house in a subdivision that is restricted, she bought the house SUBJECT TO those restrictions and has no case.

I absolutely HATE homeowner associations myself, etc. and I have no problem with someone having chickens, but looking at this from a legal standpoint, that's what will happen.

It is almost impossible to amend or abolish restrictive covenants and, depending on the specific language within those restrictions as to amendment, etc., can sometimes require as much as a 99% agreement of all homeowners within that subdivision to amend or abolish any part of the covenants.

I truly wish her well, but if I were her, I'd spend my money on moving rather than a legal fight.

[Runningdawg]

14. Tulsa has many neighborhoods where chickens are accepted

our is one and we specifically looked in those neighborhoods before we bought our house. For a rooster, you have to have the permission of all neighbors within 100 feet. People get around that by "rent a rooster" sort of an underground chicken dating site LOL You keep the rooster for a weekend and hope he gets the job done by then.

[NuclearDem]

17. Please, no more lawsuits about chicken.