DE PERE (NBC 26) — On the outside, Nazcr Trac looks like any other subdivision in De Pere. But behind the scenes, residents say they have been living through a years-long legal battle that still has no clear end in sight.
Nearly two years after NBC 26 reported on a dispute over a backyard fence, the issue is back in court. This time, some homeowners who believed the matter was behind them say they worry they could once again be on the hook financially.
“Why is this coming back to us? It’s so unfair,” one homeowner, who asked to remain anonymous, said.
The dispute stems from a lawsuit involving homeowners Lisa and Michael Newman and the Nazcr Trac Homeowners Association.
The association previously agreed to pay the Newmans $200,000 after the couple was denied permission to build a backyard fence for their children with special needs.
Under the settlement, each homeowner in the subdivision was supposed to pay the Newmans $1,350.
Not everyone paid.
“I did nothing wrong. Why should I pay?” one anonymous homeowner remembers thinking when he first learned of the judgement. After seeking legal advice, that neighbor paid to settle.
Some residents shared they did not know about the original fence dispute until the settlement was announced.
“We as homeowners had zero input on this, zero involvement at all,” a homeowner said.
NBC 26 went door-to-door in the subdivision, where several residents described the renewed legal battle as frustrating and stressful. Some said they thought the matter would eventually go away, while others described the latest development as “déjà vu.”
Former HOA board members contacted by NBC 26 declined to comment. Meanwhile, an attorney for the Newmans says 55 homeowners still owe the Newmans money.
“There’s an outstanding judgment," stated Attorney Victoria Davis Dávila. "You had the opportunity to pay. You chose not to pay it."
Watch the full broadcast story by Jessica Goska here:
Sixty-nine homeowners settled following the original lawsuit. This fall, the Newmans filed another suit naming the homeowners association and those who still have not paid as defendants.
“The Newmans want just as bad as anybody else to put this behind them,” Davis Dávila said.
She said if the outstanding amount is not paid, the HOA membership as a whole could potentially be held liable.
That possibility is particularly frustrating for residents who say they have already paid their share.
"That doesn’t go over too well,” one homeowner, who paid his original settlement share, told NBC 26.
The resident added that uncertainty surrounding the dispute has even made him consider moving.
“You don’t know what’s going to happen next,” he explained.
Neighbors say the HOA is seeking legal representation to respond on its behalf. A response to the new litigation is due this week.
