Neighbors Feud Over Landscaping : Conflict: Two San Clemente couples’ dispute culminates in lawsuit that may lead to another.
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SAN CLEMENTE — Both Felix and Edna Gielicz and Robert and Maria Gino thought that they had found their dream homes two years ago when they moved into an exclusive gated community on land once part of former President Richard M. Nixon’s “Western White House.”
But the dream of a peaceful life in this posh enclave, where homes cost an average of $500,000, has slowly turned into a nightmare for the next-door neighbors.
Although the two couples have rarely spoken, they are embroiled in a bitter feud that already has resulted in one lawsuit and may lead to another.
In a suit filed this month in Orange County Superior Court, the Gieliczes, a retired couple in their 70s, allege that they have been harassed by the Ginos in retaliation for complaints to the Cypress Pointe Neighborhood’s Homeowners Assn. The Gieliczes allege that trees in the younger couple’s back yard, installed as part of new landscaping, will eventually grow tall enough to block their view of the city.
“I had a neighborhood association committee member say to me, ‘Why do you care? You’re too old to see those trees grow anyway,’ ” said Edna Gielicz, who is also suing the homeowners association and members of its architectural committee. “My God, I’m old but I have rights. When you’re 77, it’s not easy to move.”
Maria Gino, who was eight months’ pregnant with her second child when served with the lawsuit, said the situation contributed to a difficult pregnancy and is a source of ongoing stress. She gave birth to a healthy baby daughter two weeks ago.
“Instead of enjoying my new baby, I have to think about all of this,” said Gino, whose living room mantel is filled with congratulatory cards from friends and family. “My trees aren’t going anywhere. We are going to have to leave it to the legal minds to take care of this because we can’t talk to these people. We like trees and they don’t. And as far as their view goes, all they really have is a view of the freeway.”
But the trees are only part of the problem, according to the Gieliczes.
In their lawsuit, the couple allege that the Ginos are trying to force them to move from the neighborhood by screaming at them, purposely shining bright lights into their upstairs window and playing loud music. Edna Gielicz also claims that Robert Gino drove his car toward her in what she described as a scare tactic.
If the case goes to court, Charles Delgado, an Irvine attorney representing the Ginos, said his clients will prevail because they have followed the homeowners association’s landscaping rules and have not been harassing their neighbors.
“We deny all of the charges, but the one that distresses us the most is the one that Mr. Gino threatened her with the car,” said Delgado, who added that the allegation may lead to a countersuit for slander.
But the Gieliczes’ attorney, Darryl J. Paul, said: “We don’t file lawsuits unless we’ve done the investigating and have an absolute conviction that there’s a claim to assert.”
Both couples say they have had little contact throughout the conflict. Instead, they communicate through lawyers and association members.
“I don’t know anybody in the neighborhood,” Edna Gielicz said. “If I met my neighbors in the supermarket, I wouldn’t even know who they are.”
Said Maria Gino: “A relationship never got established. . . . They never talked to us, never came and knocked on our door. I don’t have anything against these people. I like to get along with my neighbors.”
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