Dale and Marilyn Theesfeld first filed suit against the Aiken, S.C., club in July 2015, claiming that the pickleball courts create noise issues and the strobe lights from the facility shone into their home at night. The club has denied the couple’s claims.
A dispute between two residents and The Reserve at Woodside in Aiken, S.C., has moved from the pickleball court to civil court, the Aiken Standard reported.
First filed in July 2015 by Dale and Marilyn Theesfeld, the suit said newly constructed pickleball courts at the club disrupted their quality of life. The family is seeking injunctive relief as well as unspecified direct, consequential, special and punitive damages, costs, expenses and prejudgment interest, the Standard reported.
According to court records, the pickleball courts, built in December 2014, create noise issues, and strobe lights from the facility shine into the Theesfelds’ home at night, the Standard reported.
Woodside Golf LLC, which does business as The Reserve at Woodside, and Sidewood Development LLC, are listed as co-defendants. Its attorneys couldn’t be reached as of press time, the Standard reported.
In an amended answer filed September 10, 2015, the defendants admit that pickleball courts were built, but denied claims the courts are creating loud noise and shining bright lights into the plaintiffs’ home, the Standard reported.
“The plaintiffs knew and appreciated the risks and dangers of the course of conduct engaged, to wit; purchasing and occupying their home with knowledge and understanding that their home was located near or adjacent to a clubhouse, golf course, golf cart paths, multiple tennis courts, a pool, bocce ball and croquet areas and other recreational and social amenities,” the response stated.
According to the suit, the Theesfelds state they bought their custom-built home in 2008. It’s located near the first tee of the golf course, and the plaintiffs said in the litigation there weren’t been any problems until 2014, when the pickleball courts were built, the Standard reported.
According to the suit, three courts were built immediately south of the tennis courts, near the first tee, about 250 feet from where the Theesfelds live, the Standard reported.
“The sound of a pickleball paddle strike is less like the low-frequency strike of a tennis racket, and, instead more like the high-frequency strike of a ping pong paddle,” the suit said. “The sound of the abrupt, high-frequency and irritating sound of paddle strikes on the pickleball courts can be heard on the plaintiffs’ property both inside and outside of their home.”
Court records further state the pickleball courts were originally open from 10 a.m. to 10 p.m., but hours were expanded to allow pickleball play to begin at 8 a.m. on Mondays and 9 a.m. every other day. The defendants denied claims of the courts opening before 10 a.m., saying in the suit that the courts operate from 10 a.m. to 10 p.m. Tuesday to Sunday, the Standard reported.
The plaintiffs stated in the suit that despite the noise issues, the club continues to actively promote pickleball play. At night, the suit adds, bright lights shine into their home, assertions the defendants also deny, the Standard reported.
“The ongoing use of the pickleball courts has resulted in unreasonable interference with the plaintiffs’ use and enjoyment of their property and home, including the irritating noise of paddle strikes, the noise of boisterous players and spectators, and the light emanating from the courts at night,” the suit stated.
A trial date of June 26 has been set, the Standard reported.
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