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Posted: 3:09 p.m. Friday, Feb. 1, 2013
By Allison Latos
CHARLOTTE, N.C. —
A property fight between two Charlotte neighbors is now dragging an entire Dilworth neighborhood to court.
Paula Deloma claims her neighbors' plans for a fence and garage violate deed restrictions from the 1900s.
Her attorney, Ken Davies, said, "The size of the fence and the garage would put a permanent shadow over my client's house, and she wouldn't even be able to see out of her windows."
Deloma sued William Carl and Joelle Jacobs; however, the Jacobs argue the deed restrictions are too outdated.
According to the Jacobs, many other homes are in violation of deed restrictions and if they are forced to comply, they believe all neighbors should, too.
"We just feel it's so unfair to not be able to do with our property what they've done with theirs," said Joelle Jacobs.
The Jacobs told Eyewitness News Deloma tried to rope all 200 homeowners into the lawsuit, but her motions were denied.
They have summonsed nearly 40 of them to court, including Diane Crutchfield.
“We were brought into this against our will," Crutchfield said.
Crutchfield has to hire her own attorney.
"I'm very upset, as is everyone else," Crutchfield said. "We've sent a letter to the Jacobs letting them know how upset we are."
If the Jacobs lose, their neighbors could be forced to tear down fences or garages.
“We hope they will forgive us over time. If not, we'll still stay here," Jacobs said. "This is supposed to be our home forever."
Some fear the damage in Dilworth is already done.
The Jacobs plan to hold a meeting for the neighbors they brought into the lawsuit Thursday evening.
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