One of Lewes’ core values is busy days and quiet nights. But, it is noise happening during the day that has led to a lawsuit against the Cape Shores community.

Dr. Michael Katz and his wife Patricia are suing their homeowner’s association and President Janice Erich claiming the racket generated from pickleball on their neighborhood courts is deafening.

On March 15, a Delaware Chancery Court magistrate rejected a motion to dismiss the suit. Although, Magistrate Bonnie David did dismiss one count.

The Katzes own a home in the cul-de-sac where the Cape Shores twin courts are located. The far side of the courts back up to Cape Henlopen Drive.

The Katzes claim that pickleball creates much more noise than tennis, because the paddles and ball are a harder plastic. They say the noise disrupts their lives, sometimes 12 hours per day, so much so that they cannot even have normal conversations or do professional work at home. 

The Katzes’ suit says the sound of tennis balls bouncing on the surface was never the nuisance that pickleball creates. They say everything changed during the pandemic, when the pickleball craze exploded and took over as the predominant sport played on their courts.

Plus, the suit says, the Cape Shores pickleball league brings residents and nonresidents to the courts, creating parking issues in their neighborhood.

The Cape Gazette contacted attorneys for Erich and the Katzes. Neither commented on the lawsuit.

Pickleball has generated noise complaints across the country.

Last year, USA Pickleball, the governing body of the sport, said it is working with manufacturers and facilities to try to make the game quieter.