I believe the Mercers want the playground tucked neatly away on the side of their house to minimize its impact on THEIR backyard and main living area in their home.

Jeff Mercer has even admitted that one of his daughters has a "screaming problem" on May 22nd, 2001 and confirmed it again on June 23rd, 2004 during our mediation sessions. Even knowing about his daughters "screaming problem", Jeff still claims unlimited rights for her to make all the noise she wants at any time of her choosing. These are truly the "Toxic Neighbors From Hell (NFH)" we all live in fear of living near.

It's like once it's out of their way, they think it's out of everyone's way. But unfortunately, it's now just 8' from my house and backyard.

With the playground "out of their way", they don't know what their children are doing. This was proven by the first time their children stoned my house and when they stoned my house again a year later.

The parents were unaware of the vandalism, and didn't even answer their phone when I called them about it. Scary...

To give you an example of what I have to deal with, consider the events on Saturday, May 12th 2001.  I was working outside in my back yard and the noise from the playground was deafening.  I did my best to try and ignore it.  I was working on my hands and knees near my patio. 

For a seventeen-minute period, I listened to the children saying "I can see him", "he's working by the patio", "I see him".  Then I heard "there he is, I can see his butt".  I finally turned around and there were 3 children, hanging over the fence and were staring into my property.  I told them to get down off the fence, that I own half the fence and they are not allowed climb on it, and that it's a "privacy fence".  Shortly after that the girls were up on the swing-set/platform staring intently through the aspen trees saying "I see him", "I can see him". 

I could hear Jeff outside with them; I tried again to tell the girls to respect my privacy.  Jeff said nothing, so it's obvious he condones this behavior from his children and guests.  This is what I have to live with.