DENHAM SPRINGS — Children are free to keep on romping at Kidz Korner Playland after a judge denied a request for a preliminary injunction to shut down the park or to force the city to build a privacy fence to shield neighbors.
The playground, designed to be accessible by children with special needs, was built on city property by the Denham Springs Pilot Club with donations from the public.
Tom Jones, attorney for the playground’s neighbors, said Tuesday he and his clients would discuss an appeal.
The neighbors’ regular suit seeking damages and a permanent injunction is still alive, but may not be heard for a year or longer, Jones said.
Still, the ruling by 21st Judicial District Judge Ernest Drake late Monday means the playground can continue to operate and that the city does not have to build a fence between the park and River Road at this time, Denham Springs Mayor Jimmy Durbin said Tuesday.
In June, the Denham Springs City Council voted to build a privacy fence at the request of neighbors living across River Road from the playground.
A month later, the council rescinded that decision when a crowd of supporters of the site attended a council meeting in protest of the plan to erect a fence.
Pilot Club members and other opponents of the privacy fence said an iron fence already encloses the park. They argued that a privacy fence would make the park less visible and less safe for the children who use it.
The plaintiffs allege in their suit that the playground has resulted in an invasion of their privacy, interference with the enjoyment of their property, exposure to excessive noise and threats to their safety.
They also maintain that the council acted on matters involving the park without giving proper public notice.