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A BACKYARD pool was accused of being a hazard which led to a couple dropping $10,000 for no reason.
In June 2022, Mark and Joanne Lotter from Fredonia, New York, were ordered by their neighborhood to build a fence in around their pool after not having one for 15 years.
The couple received a phone call from the village’s chief inspection officer who requested an installation “prompt” for a fence to be built.
The matter was reported on by the Observer.
The pool has been in place since 2009 and received a certificate of occupancy at the time.
A fence was not a requirement when the pool was installed, and they have been using a power safety cover since.
The Lotters believe this made them eligible for being “grandfathered” in because there were multiple other surrounding homes with unfenced pools.
A suit was filed in late September by the Lotters against the village and its chief inspection officer for code enforcement.
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“Interestingly, there are plenty of pools surrounding Plaintiff’s residence that similarly lack fencing,” the complaint states, per the Observer.
In the meantime, a hearing before a state Uniform Fire Prevention and Building Code board was held in August 2022.
The hearing put pressure on the couple to just follow through with building a fence to avoid trouble.
However, the board eventually ruled with the Lotters and said a fence would not be necessary for their pool.
Now, the Lotters are seeking damages for being put in the situation for no reason.
A lawyer representing the Lotters, Buffalo attorney Brittanylee Penberthy, has said her clients were singled out by the neighborhood due to “political pressure.”
They claim that an unnamed nearby neighbor is who complained about the pool.
The petty neighbor insisted the Lotter’s pool specifically was a safety concern without an enclosure.
The Lotters believe that they were directed to build a fence without proper investigation into the situation.
