“I’m so excited,” Rogers-Peck said. “We just found out this morning.”
The playhouse was at the center of a lawsuit filed against the Evans woman by the Millshaven Property Owners Association, which dropped the suit Thursday.
“The (association’s) board directed us to dismiss the lawsuit,” attorney August Murdock said, adding that he could not discuss the details. “As far as I know, no action was taken.”
The board said the color was against covenants in the Evans subdivision. The lawsuit, filed Aug. 2, claimed that Rogers-Peck didn’t get permission from the association’s architectural control committee before she built what the board considers an outbuilding. She considered it a piece of play equipment, built for granddaughter Aubree for Christmas.
The playhouse is only slightly visible from the road, but is clearly visible to her neighbors and homes across the pond behind her house.
The board said neighbors complained about the color and tried to get Rogers-Peck to conform to the neighborhood covenant by repainting the playhouse a color more appropriate to the home. The architectural committee agreed to approve the playhouse construction retroactively if it were repainted.
Attorney David Dekle, representing Rogers-Peck, said he filed an answer stating that Rogers-Peck was being treated unfairly, the board was being arbitrary about enforcing the covenants, and the rules were vague and ambiguous.
“A week later, we get the dismissal without prejudice out of the blue,” Dekle said.
Rogers-Peck said she believes a new board, seated in a recent election, chose not to pursue the suit.
“I’m pretty excited,” Rogers-Peck said. “It was a good victory.”
She said she believes that a homeowners association shouldn’t be allowed to dictate something as inconsequential as the color of a playhouse.
“I get tired of the little man having to do what the rest of the world thinks is right,” Rogers-Peck said. “Something as harmless as a pink playhouse – come on.”