Hampton couple ordered to pay neighbor $18K in damages due to rogue goats, sheep

HAMPTON — A local family will have to pay more than $18,000 after their goats and sheep repeatedly wreaked havoc on their neighbor’s yard.

Rockingham Superior Court Judge Andrew Schulman recently ordered Jessica Lapa Beals and Elliot Beals to pay their neighbor, Erica de Vries, $18,425 in damages caused by their four goats and six sheep.

"The goats destroyed many of the trees. The goats destroyed some of the replacement trees," wrote Schulman in his decision. "In addition to damaging trees, shrubbery, and the like, the animals severely soiled the plaintiff's yard and driveway on numerous occasions."

De Vries filed the civil trespassing suit on Dec. 21, 2021, because, at the time, the town refused to take action to enforce the town's zoning ordinance that forbids livestock in a residential neighborhood.

De Vries and her neighbors on Esker Road had filed complaints with the police, the town building department, the town manager, and the Board of Selectmen regarding the barnyard animals. They claimed the animals habitually broke free from the Bealses' .2-acre property, running loose and causing a ruckus in the neighborhood.

De Vries' suit sought a permanent injunction to bar the livestock from her land and to recoup nearly $20,000 in property damages she claimed the animals caused to "her lawn, her ornamental plants, flowers, shrubs.”

While the Bealses did not dispute their animals damaged de Vries' property, they disputed the amount.

In his final order, Schulman ruled de Vries "presented bills and receipts to prove her out-of-pocket costs to partially restore the landscaping." However, he denied issuing a permanent injunction barring the animals as the Bealses no longer have goats or sheep on their property.

The goats and sheep were turned over to the NHSPCA in July 2022 after the judge found the Bealses in contempt when the animals had once again trespassed onto de Vries' property while the case was pending. The judge, at that time, also awarded de Vries $3,746 in damages and $4,950 in attorney's fees.

"The Beals defendants no longer have any farm animals," Schulman wrote. "They have no intention of owning farm animals in the future. Simply put, there is no present threat of irreparable harm."

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Hampton also filed suit against the Bealses

Hampton officials filed their own lawsuit against the Bealses on Oct. 19, 2022, seeking a court order to force the couple to comply with the town's zoning ordinances.

While the goats and sheep had already been removed from the property, the couple still had chickens and pigs in violation of Hampton’s ordinance. The couple also had pens and other structures on their property that were never approved by the town's building department.

While the Bealses reached a deal to settle the case with the town in May, it appears they have not lived up to the agreement.

Town attorney Susan Aileen Lowry of Upton & Hatfield filed a motion to reopen the case in December, requesting the judge find the Bealses in contempt.

"The defendants have violated every aspect of the agreement, which is an order of this court," wrote Lowry in the motion.

The Bealses had agreed to relinquish their remaining animals, secure building permits to remove illegal structures, and pay the town $8,569.83 in legal fees, none of which has occurred.

A hearing on the matter is scheduled for April 4.

Jessica Beals did not immediately return calls seeking comment. She previously defended her right to have animals on her property, saying she received permission from Peter Olney.

When Olney developed the then-farm into homes via the Meadow Pond Farm Cooperation, he withheld the exclusive agricultural rights for the property's meadow, including grazing of livestock, for himself, his heirs, or anyone he wished. Beals claims when Olney became ill and moved away from the neighborhood, she received permission to use the meadow for grazing. She added goats to the mix to help clear the bamboo that started growing.

"I ended up getting a couple of goats, and they ended up becoming a nuisance, jumping fences," she said at the time.

The meadow is owned by the Reubens Driftway Condo Association.

The judge noted his decision that the Bealses "no longer have any permission to use the meadow that abuts the plaintiff’s land as pasture for farm animals."

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De Vries calls lawsuit 'regrettable'

De Vries, who is also a member of the town's Zoning Board, said this week that it was "regrettable" that to protect her property rights she had to resort to litigation.

While she was awarded damages, she is on the hook for the attorney fees in filing the lawsuit.

"The situation was absurd and avoidable," de Vries said. "First, the livestock owners should have rehomed their pigs, sheep, and goats from a one-fifth acre residential lot to an actual farm that was capable of caring for the animals. Neighbors had to call animal control more than 100 times for trespassing livestock because the owners would not solve the problem they created. That is just irresponsible and inconsiderate."

She said the town should have acted once they received a formal complaint and pleas from neighbors to the Board of Selectmen.

"Quite predictably, the town's delay shifted the expense onto me," de Vries said. "Taxpayers rightly should expect that, moving forward, the town of Hampton will take seriously its enforcement responsibility."

This article originally appeared on Portsmouth Herald: Hampton couple ordered to pay $18K in damages due to rogue goats