Good fences may make good neighbors, but alleged yappy dogs do not.
A Butler Twp. couple has sued their neighbors because the neighbors’ dogs “habitually bark and make excessive noise.”
Dr. Scott and Paula Wilcher sued Matthew and Nicole Pohl in Montgomery County Common Pleas Court and have asked for more than $125,000 in damages.
The couple alleges that the constant barking has affected their marriage and Scott Wilcher’s ability to be rested well enough to perform surgeries.
Six dog-related criminal cases from March 2015 to June 2017 have been filed against the Pohls in Vandalia Municipal Court; two have resulted in guilty pleas and $25 or $50 fines.
“A reasonably prudent person would not allow their dog to make such excessive noise that it frequently and habitually interrupts, or precludes, the sleep of neighbors,” wrote Joshowa Yost, the Wilchers’ attorney, adding that his clients “have a right to the enjoyment of their property, and to relative peace within their home.”
Both couples live northwest of the intersection of Peters Pike and Frederick Pike. The Wilchers live on Timberlands Drive and the back of their property is near the back of the Pohls, who live on Landsend Court.
The defendants’ lawyer said he knows the Wilchers are upset from the lack of satisfaction from the municipal court.
“They’re attempting to get some other assistance from the court or some other measure of damages. We’ll see how it plays out,” attorney Jeffrey Slyman said. “I get it. It can be an irritation to hear a dog that, by their description, would be loud and barking the entire night.”
Slyman said there is still a chance at mediation and that both couples are “good people.”
Yost didn’t return a message seeking comment.
Yost wrote the Wilchers are asking for damages of $126,500 for emotional distress includes sleep deprivation, stress and fear.
Slyman said the Wilchers’ claim his clients’ dogs sometimes are outside woofing all night.
“If there’s barking to the point where it’s noticeable, the Pohls are going to bring them in because they’re not going to be able to sleep either,” Slyman said. “It’s not like they send (the dogs out) and instruct them to go to the edge of the (property) and start barking loudly.”
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