Kaler and Osteen together filed the lawsuit in February 2001, naming the
school board and the HHS girls softball team booster club as defendants.
The suit, states the softball field was "negligently designed" and "situated
as close to plaintiffs' properties as possible."
Furthermore, it claims that several "offensive and objectionable"
activities have occurred on the plaintiffs' properties -- including
trespassing to and from team practices and games, littering, parking in
their yards and crowding of people near their properties.
The plaintiffs also cited "foul and stray balls" and "strangers asking
plaintiffs for the use of their restroom facilities" as offensive actions.
In addition, the suit alleges that the school board never sought nor
obtained a permit to build the ball field and failed to comply with the
city–county Planning Commission on changes in project location.
In addition to field construction, the plaintiffs have complained about
the ball park lights. The school board approved the purchase and
installation of the lights Oct. 28, 1999 at a cost of $45,800.
"It deprives me of privacy in that the back of my yard is lit up when I
don't want it lit up, and the rooms on the back of my house that have
windows are lit up, and I don't want them lit up," both plaintiffs said.