HOUSTON Dozens of residents in an Upper Kirby subdivision, between Alabama and Richmond, say they want to take their community back from the nightlife scene.

The 51 plaintiffs in the David Crockett subdivision claim three establishments that opened less than a year ago have created a nuisance. OTC patio bar, Hendricks Pub and Eatery and Roak nightclub are situated on Kirby.

Neighbors claim noise, parking issues, litter and intoxicated patrons are hindering their quality of life.

It s just not very pleasant to have your neighborhood turn into a carnival show, said plaintiff Susan Keeton. I m just hoping that somehow the owners of the bar can figure out a way to not have this neighborhood not so radically changed and spoiled.

The plaintiffs said they feel they have no other choice, but to do something.

Sometimes they re animated and yelling at each other and laughing real loud and just noise that you don t expect to hear at 2 o clock in the morning, said another plaintiff who didn t want to be named.

The case has been heating up in civil court this week. It is set to resume next week and could last through early November.

The attorney representing the plaintiffs said the establishments are violating David Crockett subdivision s deed restrictions, which ban the sale of alcohol and activities that are a nuisance.

My clients have nothing against bars, nothing against nightclubs, but there s a place for that in Houston and that place is not in this neighborhood, said attorney Sanford Dow.

The attorney representing the establishments declined an on-camera interview. He did not want to say much on the record but said there are other nearby businesses that violate the deed restrictions.

Attorney Paul Pilibosian disputed the claims being made by neighbors.

We are going to try this case in the courtroom in front of the members of the jury and not in the media, he said.

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