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Grieving elderly couple who fed ducks after loss of only child sued by HOA for $250K, and could be homeless

The retired couple may now lose their $439,900 home in Cypress, Texas, because of the lawsuit.

Kathleen Rowe, 65, and her husband George, 72 were sued by their homeowners' association for feeding neighborhood ducks after residents complained that they were causing a nuisance. The retired couple may now lose their $439,900 home in Cypress, Texas, because of the lawsuit. They found feeding the ducks was a way of getting over the death of their daughter after they moved into the house after the loss of their only child. 

Kathleen's husband suffers from multiple sclerosis and the duo has lived in the area for over a decade. The Lakeland Community Homeowners Association launched a bid to stop them from feeding the birds and the couple is being forced to sell their home to pay legal fees and potential damages. The HOA claims that they had given the retired couple multiple warnings before to stop feeding the ducks but it was of no use. They filed the suit in June. 

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Kathleen told Fox 26 Houston that the association is 'just a lot of very hateful type people who do not like ducks' before adding 'me I just love 'em'. The suit that was filed in Harris County Civil Court asked a judge for a 'permanent mandatory injunction requiring Defendants to cease from feeding any wildlife' in the neighborhood. The HOA is seeking to be compensated for attorney costs, for the Rowe's to be banned from ever feeding the ducks again in addition to monetary relief which would be capped at $250,000. 

'We didn't have the $250,000, so we have to be prepared in case that's what it's going to cost." Kathleen told the Houston Chronicle. 'They've never had a mother, I feel like I'm just stepping in. I'm going to miss them terribly.' Her husband added 'I'm going to more than miss them terribly.''I'm going to more than miss them terribly.' The HOA, however tried to defend and clarify themselves for taking such a drastic and harsh measure against the elderly Texan couple. The HOA claim that feeding the ducks causes 'imminent harm and irreparable injury' to the Plaintiff, and the suit asks permission for the HOA to foreclose on the property if the Rowes continue to feed the ducks.

Kathleen further said, "I tried, I went three whole days of not feeding them, just trying to stay away from the ducks but they started coming across the street from the water way into my yard and basically crying. They were starving these were the ones that people just dropped them off. They're just a lot of very hateful type people who do not like ducks, and me I just love 'em. There is nothing in their bylaws that says you cannot feed the ducks. They never leave any corn behind. It hurts it just hurts you know I've been loving these same ducks for years and if there is any way I can grab a couple of them and take them with me I will." 

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Fortunately the defendants have found a lawyer for themselves who can fight for them in court. Richard Weaver, the couple's lawyer, has branded the litigation as the 'silliest' lawsuit that he has 'ever seen.' Weaver said "I'm a board-certified real estate attorney, and this lawsuit is truly the silliest lawsuit I've ever seen in my practice. This attorney has essentially claimed that feeding ducks are either noxious or offensive — I think that's an incredible statement ". Kathleen reportedly started feeding the ducks after she saw the poor state of the harmless creatures. She saw that they were dumped in the wild after being born and raised in pet stores or by families for Easter events.