The attorney for one Gainesville couple in an ongoing neighbor feud has filed a motion for reconsideration after a split Supreme Court of Georgia decision.
The court ruled 7-2 on March 6 that Ken and Rochel Parker, a couple living on Lake Lanier near Andrew and Penny Leeuwenburg, did not have the legal right to bring the lawsuit regarding the constitutionality of “good behavior bonds.”
The Leeuwenburgs claimed the Parkers had put up a large number of wind chimes and installed security cameras aimed at the Leeuwenburg property. In turn, the Leeuwenburgs filed for “good behavior bonds” three times. Their homes are on Woodlake Drive, which is off Club Drive that leads into Chattahoochee Country Club.
A hearing is held within seven days after a person’s application for the bond, in which one must show cause that “the safety of any one or more persons in the county or the peace or property of the same is in danger of being injured or disturbed” by a person’s conduct, according to the statute.
With sufficient cause, the court can require “from the person a bond with sureties for such person’s good behavior with reasonable conditions” for a period up to six months.
The Parkers’ attorney Jeffrey Filipovits said the couple was “disappointed” with the decision and filed a motion for reconsideration last week.
Justice Carol Hunstein said the Parkers “have neither been arrested nor have they been threatened with arrest in relation to the bond proceedings associated with this matter.”
Two justices dissented from the majority opinion, saying the Parkers may face another “good behavior bond” in the future.
“Given the Leeuwenburgs’ past practice of seeking good behavior bonds against the Parkers (and success in having them granted), including for the Parkers’ use of security cameras, combined with the Leeuwenburgs’ threat to continue this practice, there is a credible threat that (the statute) will be applied against the Parkers in the near future if they act as they wish,” Justice Nels Peterson wrote.
The Leeuwenburgs’ attorney Vanessa Sykes said the couple was happy with the decision, but the attorney refrained from further comment due to a pending motion.