Scottsdale AZ Rude Neighbor trying to Sue

[Azchicken91]

I have a dilemma everyone so our backyard neighbor came over today around 4pm stating the chickens are causing pigeons to sit on his roof. He states the pigeons on his roof are causing damage and he would like to sue us for everything we have. On top of this current pandemic of COVID-19 virus he spit all over me when he was talking as I would back away would step even closer. 1) I can not control pigeons that fly around the area 2) how do I know if he has corona or not and now spread it to me 3) I have had chickens for 3 years in this neighborhood and called the city and they stated it is fine and I have never ever had complaints from anyone. I am not the only neighbor in this neighborhood that has chickens there are a few others. In the 3 years we have lived here not 1 complaint of pigeons has happened and pigeons were here before my chickens were here anyways. I am not god I cannot control what birds do and how they fly or where they sit. I am not feeding the pigeons I usually feed my girls in their coop and let them out 3 times a day. I have water in the backyard. Can this neighbor really sue me over this issue? I did call the police and made a complaint over this because I felt verbally abused due to this issue and asked him to stop and if he wants to sue let him. I have never been in a situation where I don't feel comfortable leaving my home due to a neighbor. Please help kindly any advice is appreciated. Thank you all.

 

[sourland]

I am not a lawyer, but as long as you are not feeding the pigeons and as long as they have no access to your chicken food, I can't see a case. Even if they were, I don't know if there is a case. Good that you reported him to the police. If it happens again, immediately call the police while he is there so that he knows you mean business. Do you know a lawyer who could provide advice. It is sad that there are just unpleasant people in this world, and lately they are acting out more than ever.

 

[Severne]

You should be fine, I would whoop that guys ass for spitting on me, if he tried to trasspass, you can call the cops and press charges.

 

[WhiteWaterLady]

Maybe build a potato canon to control the pigeons?

Just kidding, sort of.

If the real problem is the pigeons, does the city/county/DNR have a program for trapping and relocating them?

Sadly, people can sue you with no basis. Been on the receiving end of that one. Whether can win anything by doing it or not is a whole different matter. Meanwhile, they make your life H-E-double toothpicks and the attorney rob you blind. If it goes to a judge only, you have a fair chance (not counting the lost sleep, stress, and lost $$$$$ for the attorney) but if it goes to a jury, the person bringing the suit will often get some reward for their misbehavior because juries tend to figure the must be SOME grounds or the suit wouldn't have been brought.

Perhaps you should check into getting a restraining order against this neighbor? That often does not require paying an attorney, just filling out and filing papers with the court. You can find that out by calling the local court. The fact that he refused to respect social distancing in a pandemic and threatened you on top of it should be ample justification for a RO.

You might also try a peace offering and a chat - at 6' or more distance to find out if maybe he's super stressed about losing income and scared of losing his house, etc. Maybe he just needs some help with resources?

 

[Aquatic_blue]

I also think if you are not feeding the pigeons then he doesn't have a case. I know our chicken laws in another part of urban Arizona we must make sure we are not contributing to pest problems like mice or feeding wildlife. Measures must be taken to prevent this. I am still working on keeping all the sparrows out (they fit in the smallest spaces)...they swoop in and steal our chicken feed, but you mentioned that the food is closed up so that doesn't sound like a pigeon attractant to me.

If he has pigeon problems he should evaluate his property and take measures to deter them. I can't believe pigeons are causing serious roof damage, either, unless there are tons of them.

I think this quarantine and such is driving people crazy. Arizona is a little more lax on the quarantine thing, but it is still supposed to be shelter at home unless it is essential travel (not like there is any way they can prove this as they cannot ask for proof). Either way, cases of crazy are out there.

I hope he drops the issue and figures out a solution to his pigeon problem so he leaves chicken people alone.

I remember I had a friend that had a neighbor that hated chickens because it was their belief they attracted the snakes. Although, in the country there was little she could do.

 

[Severne]

You could also get a trap for The pigeons.

 

[Azchicken91]

I am not a lawyer, but as long as you are not feeding the pigeons and as long as they have no access to your chicken food, I can't see a case. Even if they were, I don't know if there is a case. Good that you reported him to the police. If it happens again, immediately call the police while he is there so that he knows you mean business. Do you know a lawyer who could provide advice. It is sad that there are just unpleasant people in this world, and lately they are acting out more than ever.

Thank you for your kind advice and I agree people need to be more kind during this time. Hopefully he doesn't come or bother us anymore the police officer advised us to not talk to them and if he tries to come onto my property to call the police. The officer did state to get a RO if he comes again but I am just worried if he had COVID and if it contracts to me hopefully not within these 14 days then I can do a counter sue. I have been home for literally a month so I have never been in contact with anyone. I am surprised people these days have the audacity to cause havoc especially during hard times like this. I get hes home and is probably bored and stated he renovated his house and would like me to pay for his new roof but then again he needs to realize that not everyone is sitting at home bored. I have a life and school and work and kids and he needs to just stop with this nonsense and stop causing problems in peoples lives. Thank you for the kind post.

 

[Azchicken91]

You could also get a trap for The pigeons.

I told him if he wants to get rid of them to do something I am not god, and I don't have wings to fly and control them. They are just birds if he thinks its a problem then he should find a solution not cause havoc and harass me simple as that.

 

[Azchicken91]

I also think if you are not feeding the pigeons then he doesn't have a case. I know our chicken laws in another part of urban Arizona we must make sure we are not contributing to pest problems like mice or feeding wildlife. Measures must be taken to prevent this. I am still working on keeping all the sparrows out (they fit in the smallest spaces)...they swoop in and steal our chicken feed, but you mentioned that the food is closed up so that doesn't sound like a pigeon attractant to me.

If he has pigeon problems he should evaluate his property and take measures to deter them. I can't believe pigeons are causing serious roof damage, either, unless there are tons of them.

I think this quarantine and such is driving people crazy. Arizona is a little more lax on the quarantine thing, but it is still supposed to be shelter at home unless it is essential travel (not like there is any way they can prove this as they cannot ask for proof). Either way, cases of crazy are out there.

I hope he drops the issue and figures out a solution to his pigeon problem so he leaves chicken people alone.

I remember I had a friend that had a neighbor that hated chickens because it was their belief they attracted the snakes. Although, in the country there was little she could do.

He stated he is a college graduate and that his son in law is a lawyer and will sue me for everything I have over pigeons. If he wanted to solve the solution then he would have came to me in a civilized matter not yelling, screaming, and spitting with fingers pointed stating get rid of your chickens and pay for my new roof. I wish more people would be kind and understand that this pandemic is a big thing and we should not be angry due to home bored at home but learn to be kind and find solutions to problems in a civilized way. thank you for your advice and kind post much appreciated.

 

[Azchicken91]

Maybe build a potato canon to control the pigeons?

Just kidding, sort of.

If the real problem is the pigeons, does the city/county/DNR have a program for trapping and relocating them?

Sadly, people can sue you with no basis. Been on the receiving end of that one. Whether can win anything by doing it or not is a whole different matter. Meanwhile, they make your life H-E-double toothpicks and the attorney rob you blind. If it goes to a judge only, you have a fair chance (not counting the lost sleep, stress, and lost $$$$$ for the attorney) but if it goes to a jury, the person bringing the suit will often get some reward for their misbehavior because juries tend to figure the must be SOME grounds or the suit wouldn't have been brought.

Perhaps you should check into getting a restraining order against this neighbor? That often does not require paying an attorney, just filling out and filing papers with the court. You can find that out by calling the local court. The fact that he refused to respect social distancing in a pandemic and threatened you on top of it should be ample justification for a RO.

You might also try a peace offering and a chat - at 6' or more distance to find out if maybe he's super stressed about losing income and scared of losing his house, etc. Maybe he just needs some help with resources?

In regards to RO the police officer stated I can but due to COVID I am not sure how to go about it. If he comes again and tries to trespass property I will call police again. I tried talking to him in a very kind manner, and I told him please sir don't sue let us find a solution but he stated I dont care I will sue you for everything you have, and once I find damage on my roof due to the pigeons you will pay for my new roof. If he was stressed over losing income then he wouldn't threaten me and want me to pay for a roof. I doubt he is losing his house he has lived in this neighborhood for over not sure more than 10 years. If he needed help with resources I feel like there should have been a civilized way to discuss the matter I would have been more than able to help him in this circumstance. I live with elderly family and I take care of them as well. If he needed help I always have a my door open all my neighbors know we are a good family always give fruits and lemons and if needed eggs we help out. I just believe the approach he had with anger and harassment should have not gone that far and he should have talked in a civilized manner. I wish I can turn back time and change a persons mind set and actions then again were not all people please-er's he needs to respect himself and learn to not be so rude. I dont care that he has a college degree or his son in law is a lawyer that doesn't mean anything to me. The fact that he acted like a 2 year old and disrespected a neighbor over something silly like pigeons on a roof is unacceptable. Also the fact that he spit and I even stepped back and he would still approach me is not acceptable. I wish karma teaches this man a lesson im sure those pigeons are. I felt really bad today because I saw a flock of pigeons with barbed wire on their legs and I hope he is not torturing those poor harmless birds. God is watching and I have faith. I hope he changes his mindset and doesn't sue but we will see I will keep everyone updated on this issue. thank you for your kind post.