Jeff Mercer and I met in March of 1999.   He had just moved in and my foundation was being dug.   We shook hands and did the normal getting to know each other discussion that neighbors normally do.

I mentioned to him that I was between houses and have been living in an apartment while I searched for a private lot in Denver.   I told him I was very happy with my lot, since it provided privacy to the back with the hill and fence.   I told him I had even walked his house during framing (before they purchased it) to see the view of my yard from his property.  

We discussed a 6' privacy fence and we agreed to split the cost (but in 2001 they refused to split the cost of a 6' fence, they would only split a 5' fence and I had to pay the difference).

Sometime between June 28th and July 7th, 1999 the trampoline appeared on the east side of his property, only 8' from my master bedroom wall.   I had no idea if he intended to leave it there.

The noise from his 2 children was quite loud inside my future house, I figured it was because the house was not finished, no insulation, no drywall, no siding, no roof shingles....

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.

How was I to know what was coming? The Mercers 2 children were very loud in 1999, they have 5+ children in 2005... all in a 2000 square foot house. It seems their whole goal is to contribute to world overpopulation. EVERYONE complains about how crowded the Denver Metro area is, well folks, this is why!

Many people have asked me why I didn't try to terminate my building contract when I learned the Mercers had children. It simply never occurred to me. If it were important to me that none of my neighbors had children, then purchasing a house in suburbia would be foolhardy.

Children are not the problem, inconsiderate homeowners (adults) are the problem.