DE PERE (NBC 26) — A group of neighbors in De Pere are now tangled in a lawsuit over what someone wanted to build, but others disagreed with — and the dispute has gotten expensive.
It's not often a simple backyard fence can lead to so much trouble, but for one family and their neighbors, it's turned into a five year struggle that ended in federal court.
"This is exactly our life, constantly shifting kids from one place to another for their therapy, doctor's appointments," Lisa Newman said.
Newman lives in De Pere's Nazcr Trac neighborhood with her husband, Michael, and five children.
All five children have been diagnosed with Autism Spectrum Disorder.
"They also have physical medical complexities," Newman said.
Lisa said she wanted them to play outside without running away and getting lost.
So Lisa, the kids' doctors, and caregivers decided a fence was needed around the backyard. They say the reached out to the Nazcr Trac Property Owner's Association (NTPOA) board in 2019, asking for special permission to build one.
But the board said no, citing a restrictive covenant from the subdivision's 2001 plat map, stating "No fences of any kind shall be allowed."
Board meeting minutes from April 2021, obtained by NBC 26, point to past fence denials as reasoning. The minutes read, in part:
"We discussed the information the Newmans received and are well aware of when they purchased the property as well as other requests which were not granted, and have decided as a group to deny Mr. Newman's request for the fence."
NBC 26 called the former board president, Kevin Burt, to ask about the rationale.
But Burt declined to comment.
"They just wanted to fight us on it," Newman said. "And I don't know why."
So Disability Rights Wisconsin advised the family to get a lawyer, and they eventually filed a complaint in the United States District Court for the Eastern District of Wisconsin in 2021.
"It was just one more barrier. And it was like, why?" Newman said. "We just want our kids to be able to enjoy outside and keep them safe."
Under the Fair Housing Act, a judge granted the Newmans a preliminary injunction in 2022 — and the fence went up.
"It was very exciting," Newman said.
And then, in August 2024 — a settlement, requiring NTPOA to pay the Newmans $200,000.
The money would come from all association members — $1,350 for each member.
"You guys didn't ask for any of this trouble, but now your neighbors are on the hook for the settlement," NBC 26 asked Lisa Newman. "How do you feel about that?"
"Not great about it, she said. "It's just a really unfortunate situation, I think, for everybody involved, and the board kind of made that decision for everybody."
We talked to people who live in Nazcr Trac who did not want to go on camera, for fear of further legal action, but they tell us this issue has divided the neighborhood.
"There's a large representation of people who are saying some very choice words in regard to the board's actions," one person said.
One homeowner who attended an NTPOA meeting told us: "People are on all different sides, and arguing, and upset with each other, and pointing fingers and swearing."
The same person said the board didn't consult the owners about the fence.
"They made the decision and never gave the decision to the affected homeowners," the property owner said.
Burt, the former association board president, was named in the lawsuit, which was filed against both him and the association. He was initially required to pay the Newmans $10,000 in a settlement draft — but in September, US District Judge William Griesbach dismissed Burt as a defendant. Court records show Burt has paid the Newmans $1,350.
Burt and another board member, Brad Fisher, planned to resign in 2024, according to NTPOA meeting minutes from May of 2024, obtained by NBC 26. The minutes add: "As of August 2024, the HOA will be without leadership."
A neighbor told us most people had no issue with the fence in the first place, saying: "If the board had polled us as members [...] a large amount of the members would have said, 'Absolutely, let the family do what they need to do to take care of their family."
"When the fence went up," another said, "Most people didn't even realize that there was a fence there. It's very unassuming."
In the past two months, Nazcr Trac houses have received letters like this one, saying to pay the money "to avoid becoming defendants in a new legal action."
Court records show 56 homeowners have paid the $1,350 since late October, with one paying $2,700 because they own two plots.
Another homeowner told NBC 26: "I did end up paying, as much as it pains me."
But nearly 40 homes still have not.
Lisa and the Newmans hope the saga is coming to an end.
"Was the fence, all you were looking for?" NBC 26 asked Lisa. "Do you think that the money is important as well, given what you've been through?
"Due to the emotional distress, and you know, the fact that our kids suffered — there's a lot of great things about being outside," she said. "You get a lot of sensory integration. And so, yeah, it's that. I guess that's a more complex question. I'm not sure."
Some of the homeowners told NBC 26 they don't plan to pay the money, believing they're not legally required to do so. The Newmans' lawyer, Rock Pledl, says he plans to file another suit against the property owners' association and the people who have yet to pay.
Still, other neighbors say they hope to dissolve the property owners' association but are seeking legal advice on how to do so.
NBC 26 will continue to follow this story as it develops.
