The Counts' family's children's playhouse. Photo: CBSDFW.com

Neighbours in Plano, Texas are in the middle of a court battle after the noise of four children playing caused a "significant loss of quality of life."

In September 2014, Kelly and Andrew Counts moved to the Stoney Hollow neighbourhood with their kids, who are home schooled.

Speaking to Dallasnews.com, Kelly said she introduced herself to the new neighbours, Anita and Irving Ward.

"I said, 'Please tell me if the kids are ever too loud,' and she said, 'Don't worry about it — I love kids,' " Kelly said.

Soon after the city of Plano contacted Kelly and her husband about their playhouse, which was assembled too close to the Ward's property line.

When Kelly saw the minutes from the local homeowners meeting she was surprised to see the Wards complaint about noise, visibility issues and "a significant loss of quality of life," the news outlet reports.

Making adjustments to the playhouse roof satisfied the homeowners association.

"After we received that, I went next door - I'd had no conversations with them - and wanted to extend the olive branch," Kelly said.

Instead, the Wards gave them numerous reasons why the playhouse shouldn't be in the yard.


"One of the big reasons we chose the house was because we would be able to move this playhouse," Kelly told CBS DFW.

In retaliation to the children playing, the Wards began blasting loud, obscene music towards the yard.

"For a while, I'd bring the kids inside and it would stop, and when we went out it would start again," Kelly said. "I knocked on the door and said, 'Mrs. Ward, my kids are trying to play in the side yard and there's some music playing with very vulgar language.'"

"Finally, we decided to sue because of the nuisance, and they did stop once they were served."

The neighbours are due in court this month over the music noise complaints and again next month regarding the Ward's claims that the Count family is disturbing their 'tranquil quality of life' and 'creating noise issues as well as visibility issues for them and their pets'.

"It's unfathomable to me," said Kelly. "I can't imagine the sound of kids playing at any age or stage of my life and thinking that I needed to sue someone over it."