Sunken Pool May Lead to Lawsuit

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(West Memphis, AR) Crystal Duncan takes pride in her backyard, complete with an in ground pool and patio she installed recently.

“When I was out here digging my pool, the city was out here swarming. They were making sure I was doing what was right and I expect them to,” said Duncan.

It’s why she says she's so mad about neighbor John Dodson’s pool. He bought an above ground pool and dug a hole in the ground to make it in ground.  He has no fence, and says the pool isn't a problem.

Law requires in ground pools be fenced in, so no one accidentally falls in, especially in the dark night. But Dodson says he started construction before his neighborhood was part of the city and doesn't have to follow that rule.

“We've got lakes and ponds full of water. There's no safety issue with those” said Dodson.

We actually found other homes on the same street with no fence and the same sunken above ground pool. But Duncan's only worried about this Dodson’s.

He says it’s a personal attack because they’re no longer friends, saying Duncan and her children have even used in the pool.

Duncan has taken her fight to city council where the city reportedly says she is right, Dodson says let a court decide.

“I don't think I'm risking life and limb in the neighborhood with my pool back in the yard,” said Dodson.