Kenneth Lane Border War Order - Fences Ruled Illegal

[Jim O'Bryan]

I know some of you have been following the Border War down on Kenneth Lane, between
Denks/Parkers against Fannin/City of Lakewood.

The fences and the permits were ruled illegal, and that the "Board's decision to approve three
fences was an unreasonable interpretation of The City of Lakewood's Building Code."..
Therefore the building permit is null and void... Any fences erected pursuant to this order
must be removed unless an agreement between the City and the parties can be reached.
THERE IS NO REASON FOR DELAY, IT IS SO ORDERED.

Timothy P. McCormick Judge.

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[Jim O'Bryan]

I post these from the day the fence came down. While many places love to blow these
neighbor issues into big news, I find most of them best left alone until a ruling is made.

I am posting these images from the day of fence building so that you can understand
what we are talking about.


Some reported the "wrought iron fence" was torn down, when it was actually aluminum.


You can see the difference in the height of the fences, and imagine the wood slats.


Kenneth Lane is private property owned by the Fanins, with easement for the residents
that need it to get to their homes.

The thought was, "We are going to fence in our yard for privacy." said Phyllis Fannin to me
on the day it started. But the time it went to court every neighbor was named in the suit.

Funny the saying is "Good fences make good neighbors." I remember when my
Grandmother put up a fence o keep her dog in the backyard. The first fence on the
street, and you would think the neighbors would have been happy. They were not, as
as the rest got fences as the trend grew, they never let her forget, she started it!

.

[Scott Meeson]

Here's our fences:


No complaints from the neighbors.






Scott

[marklingm]

My guess is that City Hall will try to sneak another “charter amendment” by the voters again.

Oh, Brother!

[Paul Schrimpf]

Soooo, is it the height of the fence? or the existence of any fence at all? are there fence limitations based on where your property faces? or is this denial on a technicality to try to get the neighbors and city to work it out?

[marklingm]

Soooo, is it the height of the fence? or the existence of any fence at all? are there fence limitations based on where your property faces? or is this denial on a technicality to try to get the neighbors and city to work it out?

Great questions, Paul.

The online case docket does not appear to link to any actual documents. See http://cpdocket.cp.cuyahogacounty.us/CV_CaseInformation_Summary.aspx?q=Jsl18XKsRKhbSI9DND01_A2.

Can you toss the opinion on the Deck, Jim?

[Jim O'Bryan]

Paul/Matt

Here is the complete opinion from the courts.
http://media.lakewoodobserver.com/media/docs_1385577547.pdf

It would seem that there are many problems with both the fences, and the Board's approval of the
fences. While it would seem that many would want to fix what is wrong and move on, I have to say
there is a ton of bad blood over this entire incident, and common sense and community unity I
cannot see coming into play on this.

Those suing would love to see the entire wood fence removed and tossed if for no other reason than
to get back at the person that fought so hard and cost them so much money. Then there are the
personal attacks, coupled with bringing in residents that neither wanted to be brought in, and then
had to spend money on lawyers after being named, though most were dropped after a couple visits
to court.

While other loved this story, I hate border wars and this kind of thing.

Why would you move to a community where neighbors fight each other over inches.

Why of the interesting side notes from the lawsuit was one of the lawyers noticed, this
probably means residents on Kenneth Lane could keep chickens without approval of
City Hall. Hmmmmmmmmmmm

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