In response to the profound loss of her only child, Kathleen Rowe reportedly sought solace by engaging in a therapeutic routine of feeding ducks near her Texas home. However, this seemingly innocent activity has spiraled into an unusual legal battle with the Lakeland Community Homeowners Association in Cyprus, Texas.
The Rowes, facing legal action from their homeowner’s association, reluctantly decided to put their home on the market. The association, dissatisfied with the Rowes’ duck-feeding hobby, took the matter to court, threatening foreclosure and seeking damages totaling $250,000—a figure reflecting the state’s standard minimum for such lawsuits.
Over the past decade, Kathleen Rowe persisted in her duck-feeding ritual despite warnings from the homeowner’s association. In June, the association escalated the situation by filing a lawsuit requesting a judge to issue a “permanent mandatory injunction” against the Rowes, compelling them to cease feeding any wildlife in the neighborhood.
The association argues that this act of feeding wildlife disrupts the established plan and scheme of the subdivision, causing “imminent harm and irreparable injury” to the plaintiff.
Richard Weaver, the attorney representing the Rowes, expressed disbelief at the nature of the case, deeming it “truly the silliest lawsuit” he has encountered. He challenges the association’s claim that feeding ducks violates community rules and intends to hold them accountable for their allegations.
Weaver highlighted the seemingly disproportionate nature of the lawsuit, stating, “This attorney has essentially claimed that feeding ducks is either noxious or offensive—I think that’s an incredible statement.” Despite his confidence in the Rowes’ legal standing, he acknowledges the fear instilled by the looming threat of foreclosure, prompting Kathleen Rowe to expedite the sale of her home as a preemptive measure against potential adverse outcomes.
In the midst of this peculiar legal clash, Weaver emphasizes the relative insignificance of the dispute in the broader context of global challenges. He underlines that, while there may be differing opinions in the neighborhood about the presence of ducks, there are undoubtedly more pressing concerns in the world. Nevertheless, he remains steadfast in his commitment to defending his clients and scrutinizing the association’s assertions regarding the supposedly controversial act of feeding ducks.