Neighborly dispute goes to Superior Court

DAVENPORT — A motion hearing is set for August 12 in Lincoln County Superior Court in the ongoing dispute between petitioner Mark A. Shirley and respondent Shannon E. Vercoe, also known as Shannon Giefer.

The legal conflict began on July 9, 2024, when the Levy Law Office served a summons and petition at Vercoe/Giefer’s Riverside Avenue residence in Spokane.

According to court records, the lawsuit paperwork was hand-delivered at 9:45 a.m. and slid under the door.

The case traces its roots back to a nuisance complaint filed by Shirley on July 19, 2020, regarding a residence on West Third Street in Spokane.

In the complaint, Shirley alleged that his neighbor’s dogs repeatedly attacked him through the fence, resulting in a bite to his left hand.

Shirley expressed fear and frustration, stating that he should be able to mow his lawn without the threat of being attacked.

Despite speaking with the dog owners, the issue persisted, according to the complaint.

On June 21, 2022, Shirley filed another complaint against Vercoe/Giefer, citing a black dog that acted aggressively on his porch.

Shirley, who uses a wheelchair, noted that he could not defend himself from the dog.

A witness to the incident was mentioned in the complaint.

Vercoe/Giefer responded to the lawsuit by filing an answer on January 18, 2024, denying the allegations of spiteful behavior, bullying, intimidation, and dog bites.

As part of her affirmative defense, she stated that the fence, which allegedly encroached 1.68 inches onto Shirley’s property, was constructed over a one-year period during which Shirley could have raised concerns.

She also asserted that her dogs no longer enter Shirley’s property, although they may have done so in the past.

Shirley did not file any police reports, contact animal control, or seek medical attention for the alleged dog bite, according to court records.

In his petition to the court, Shirley is requesting the removal of a boundary fence and a large TV antenna that were installed by the Vercoe family between 2014 and 2015 and that allegedly encroach on his property.

He also seeks assurances that the Vercoe family’s dogs will stay off his property and cease their aggressive behavior.

Shirley is asking for reimbursement of costs associated with the dispute, amounting to $3,500, along with an unspecified punitive amount.

In his statement to the court, Shirley claimed that over the past decade, he has been subjected to bullying, intimidation, trespassing, and other forms of mistreatment by his neighbors, despite his efforts to be a good neighbor.

The court will review the case on August 12, with Shirley seeking both removal and repair costs, as well as compensation for the ongoing ordeal.