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The Honolulu Advertiser
Posted on: Tuesday, October 27, 2009

Waialua noise beef goes on


By Eloise Aguilar

Hawaii news photo - The Honolulu Advertiser

Eric and Mirella Davies, with their pet Funshine, say they just want to live their dream, but neighbors are harassing them.

Advertiser library photo

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A dispute among Waialua neighbors over noise complaints went all the way to the state Supreme Court, but the neighborhood has yet to find peace.

State courts have barred Eric and Mirella Davies from playing amplified sounds that can be heard from 30 feet away at the home of Terry and Jane Moysa, their next-door neighbors.

The Davies, who have been under the injunction since 2007, appealed to the Intermediate Court of Appeals and lost. They appealed to the Hawaii Supreme Court, which denied their appeal Oct. 2 and reaffirmed that denial Thursday, thereby upholding the lower court's ruling.

For the Moysas, the decision closes a chapter in the ongoing feud between the Davies and their neighbors, who have said the Davies constantly target them with loud noise and singing.

But the Davies said they will continue their legal battle against what they say is unconstitutional restriction of their First Amendment rights.

Eric Davies said the Supreme Court ruling was based on the fact that his attorney filed the appeal late:

"I still have many legal options, since the court has been unwilling to make a hearing on the merits, including a new writ to the Supreme Court which will attempt to work around the technical failures of my former attorneys."

The attorney for the Moysas, Adrian Rosehill, said the court's decision exhausted the Davies' appeal options and that the Moysas will be seeking attorney's fees and cost for defending themselves against the Davies.

The court decision hasn't brought peace to the neighborhood, and residents are seeking greater police involvement, Rosehill said.

"All the Davies have done is change their tactics," he said. He said Mirella Davies stands in front of her home and sings for prolonged periods, while Eric Davies leaves a shop vacuum running for long periods of time.

The police are taking a more active interest in the situation, Rosehill said. Mirella Davies has been arrested several times and faces criminal charges for violating the injunction.

Capt. Moana Heu, at the Wahiawä police substation, said the situation is more stubborn than most. Usually if police talk to neighbors, the problem subsides but that hasn't happened there, Heu said.

Heu said if officers believe a complaint is legitimate, they will write it up and refer it to the prosecutor's office.

At some point the neighbors can ask the prosecutor to do more, Heu said.

"We're not sure if this is going to help, but we're just trying to see whether we can bring some peace into the neighborhood," Heu said.