You need a smaller boat! War breaks out between millionaire neighbors after one of them builds a jetty outside their waterfront mansion – leaving little room to squeeze a large yacht next door
- Neighbors on a canal have come to blows over a pontoon
- The Sunshine Coast Council approved the pontoon
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War has broken out between two millionaire neighbors after one of them built a jetty off their property – meaning the wealthy couple next door is now unable to squeeze into a big boat.
Jay and Elisabeth Heather and Glynn and Karan Moseley live in million dollar mansions along a canal in Minyama on Queensland’s Sunshine Coast.
The Moseleys built a jetty on their property after receiving approval from the Sunshine Coast Regional Council last year.
The Heathers challenged the decision, saying they would not be able to use a larger boat on their own slipway because the new pontoon limits access to it.
Residents Jay and Elisabeth Heather had objected to the Sunshine Coast Regional Council’s decision to approve a pontoon on the Moseley site (pictured)
Both houses are adjacent to each other, so there is little space between the pontoon and the driveway.
The Moseleys originally filed in March 2020 for “an above-water deck with a pontoon and gangway attached” for their $1.43 million home.
The application was approved by the City Council a week before the Heathers seized the neighboring home for $1.495 million in June 2020.
Court documents showed that the Heathers could not appeal the decision to build the jetty and pontoon as the application was codable. Courier Mail reported.
The pair later filed for the decision to be voided due to an alleged error of jurisdiction.
In their filing, the Heathers argued that there was an error in the council’s assessment, as they failed to consider the need to maneuver ships or access the concrete boat ramp on their property.
They also claimed the approval was “legally unreasonable” and “the conditions attached to the approval” were unreasonable.
The Heathers’ appeal was rejected by Judge Glen Cash last year.
Judge Cash ruled that the Heathers had “failed to show that the decision was materially affected by errors of jurisdiction or was legally unreasonable.”
The Heathers (property in red, left) say the Moleseys pontoon (circled) outside their property (property in red, centre) is blocking access to their driveway
The Moseleys later applied for reimbursement of their legal costs resulting from the suit brought by the Heather family.
They dismissed their neighbors’ appeal in their application as “frivolous” and “annoying.”
They claimed the appeal was brought for an ‘improper purpose’, was ‘doomed to fail’ and was an attempt to challenge the merits of the Council’s decision, according to court documents.
Judge Cash ruled that the proceedings were not frivolous or vexatious and were not initiated by the Heathers with an inappropriate purpose or “doomed to fail.”
He rejected the Moseleys’ application on March 14.