Howard

I.

FACTUAL AND PROCEDURAL BACKGROUND

A. Background and the First Petition Howard owns the property located at 2901 Jackson Street in the City. Schneider, real party in interest, is the owner of the property located at 2860 Jackson Street (Property), which is diagonally across the street from Howard’s home. The Property is a corner lot situated at the intersection of Jackson Street and Mound Street. A gated wooden fence (Fence) runs along the Property’s Mound Street frontage, enclosing Schneider’s garden which is visible from the sidewalk. The Fence borders the paved sidewalk that fronts the Property, encroaching approximately three and a half feet into the 12- foot-wide public right-of-way. Schneider installed the Fence in 2015, replacing an older fence that had been constructed in the same location. Schneider used a different design that includes a larger and taller gate. Reportedly, the former fence had been in place for at least 25 years, well before Schneider purchased the Property in 2008. In the summer of 2015, Howard began complaining to the City about the Fence. Howard told the City that the Fence was constructed on the public right-of-way. Although he received…