“It’s unfathomable,” Family being sued over noise caused by children playing outside

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PLANO, Texas – If you live near children, you likely hear a little bit of noise when they are outside.

Recently, health experts have encouraged parents to help their children become more active by playing games and sports outdoors.

While the children play, you can expect some form of noise.

However, that noise is the source of a lawsuit between two homeowners in Texas.

Kelly Counts says her four young children love to play outdoors.

“One of the big reasons we chose the house was because we would be able to move this playhouse,” Counts told CBS 11.

She says she was blindsided when she was hit with a lawsuit by one of her neighbors.

“It’s unfathomable to me. 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,” she said.

According to minutes from an HOA meeting that were obtained by CBS 11, her neighbors claim the children’s playhouse is upsetting their “tranquil quality of life” and “creating noise issues as well as visibility issues for them and their pets.”

Counts says her neighbors have never complained about the noise before the lawsuit.

However, she says they have retaliated by playing loud music with explicit lyrics that are not appropriate for children.

In return, the Counts have filed a lawsuit against them.

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