Twin Ridge residents crossed a preliminary hurdle this week in their efforts to remove ball field lights from their neighborhood when a Frederick County judge ruled that the homeowners may proceed with their lawsuit against the town of Mount Airy.
Circuit Judge John Dryer ruled Tuesday that the lawsuit, filed in October by 16 Twin Ridge residents, was not premature, as the town had claimed.
"We're very pleased; now we can proceed with the business at hand," said Joseph Glenwood Beall, one of the plaintiffs in the lawsuit.
A trial date has not been set.
Residents are seeking the removal of six 70-foot-high floodlights that surround a ball field at Twin Ridge Elementary School.
The homeowners claimed that the lights and night baseball games to be played under them would destroy the quality of life they envisioned when they bought houses in the new development. The houses range in price from $204,000 to $276,000. The residents said they're particularly concerned about the glare from the lights and noise, trash, parking problems and unruly behavior associated with baseball games.
"Half of the people leaving that field will be unhappy because they've lost," Mr. Beall said. "Somebody might get mad and pick up a rock, and alcohol seems to come out at night."
The town of Mount Airy had filed a motion to dismiss the residents' lawsuit, because the town had already entered into a binding contract with a company to install the lights. The town also maintained that the lawsuit was premature because the lights hadn't been turned on yet.
To rule that the lawsuit was premature, "The judge would have had to conclude there could never be a nuisance at any time, and that can't be," said William Fallon, attorney for the residents.
Twin Ridge residents said they were aware when they bought their homes that a ball field was to be in the neighborhood, but they contend they didn't learn of the lights until June. Town officials have said the ball field lights were discussed at several town meetings.
In June, the Mount Airy Town Council awarded an $84,000 contract to a Virginia company to install the lights. The town also agreed to spend an additional $10,700 to provide shields for the lights to reduce glare.
The lights were installed in November and were to be used for the first time during baseball games this spring.
But Richard Murray, attorney for the town of Mount Airy, said no date has been set to turn the lights on.