By Lauren Leamanczyk, WBZ-TV

HULL (CBS) – Whatever Gail Kansky is serving, there’s no doubt the birds like it. Swarms of sparrows surround her bird feeder and pigeons camp out below. Gail says the birds bring her joy.

“I can’t walk the beach anymore,” she said. “But at least this is something I can do to see the birds.”

But now she is locked in a legal battle with neighbors who are sick and tired of the feeding frenzy and with the Town of Hull who claim the flocks of birds are a health hazard.

“There are people complaining of illness, complaining of odor. There’s quite a bit of noise,” says Hull Town Manager Phil Lemnios.

The Town demanded she stop filling the feeder. After repeated back and forth between the two sides, they served Gail with a restraining order.

Now in a classic case of property rights versus neighbors’ rights, this bird battle wound up in court.

Tuesday afternoon, neighbor after neighbor offered testimony before a judge. They say the problem is Gail’s birds don’t stay on Gail’s property.

“Last January I counted 124 pigeons on the Bilodeau roof,” said neighbor Alice Whelan.

“The birds are on my back deck. They’re on my front porch. They’re on my roof,” said John McKinnon. He continued, “They leave bird feces on virtually everything we own.”

The town says they also draw rats and other vermin and can cause illness.

But Gail insists she’s the victim of neighborhood bullies and politics.

WBZ NewsRadio 1030’s Carl Stevens reports

“The town is doing it because of the next door neighbors. They’re really their attorneys. They’re not doing it for the town. They know there’s no health hazard.”

The Town of Hull had 7 witnesses to call to make their case for a restraining order. After nearly three hours of testimony, the case still wasn’t concluded. It will be continued next week. In the meantime, the Kansky birdfeeder will stay.

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