A Fredonia couple say they were unfairly singled out by the village to install a fence around their pool built almost 15 years ago.

Mark and Joanne Lotter filed suit last week in state Supreme Court in Chautauqua County against the village and its chief inspection officer for code enforcement.

At issue is a pool the pair installed outside their Water Street home. The village issued a permit for the pool’s installation in April 2009 followed by a certificate of occupancy upon its completion several months later.

At the time, the Lotters claim their pool was not required to have an enclosure. Instead, the couple utilized a power safety cover.

The village contacted the Lotters in June 2022 to inquire about the absence of a fence around the pool. By telephone, the village’s chief inspection officer insisted on the “prompt” installation of a fence.

“Interestingly, there are plenty of pools surrounding Plaintiff’s residence that similarly lack fencing,” the complaint states.

The Lotters, who are being represented by Buffalo attorney Brittanylee Penberthy in their suit, believed their pool was “grandfathered in” relative to any legislation that required pool enclosures.

A hearing before a state Uniform Fire Prevention and Building Code board was held in August 2022. Prior to that, the Lotters installed a fence around their pool at a cost of about $10,000.

The board eventually granted the Fredonia couple a variance.

Penberthy said her clients were singled out for their pool due to “political pressure” from a nearby neighbor. That neighbor, who she didn’t specify by name, had expressed safety concerns regarding the lack of an enclosure.

The Lotters are seeking unspecified damages in their suit.

A message seeking comment from the village’s attorney was not returned recently.