A judge has temporarily blocked a Polk County mother from parking her car at the entrance of her subdivision while dropping off and picking up her children from the school bus.
This follows a lawsuit filed against the woman, Joy Hitchcock, by her homeowners’ association, Morgan Creek Preserve Residents Association, which alleges the action violates the HOA’s Declaration of Restrictive Covenants and is a safety hazard.
Hitchcock lives in the Morgan Creek Preserve subdivision off West Pipkin Road.
“West Pipkin is extremely dangerous. We’ve had a lot of fatalities here in Lakeland, especially with pedestrians and students. People go around 60 miles per hour on this road,” said Hitchcock.
In December 2023, Jaxon Crabtree, 15, was killed after being hit by a school bus while crossing West Pipkin Road on a bicycle on his way to school.
Hitchcock said the bus was coming to pick up her daughters.
When it was delayed, she said she drove by the crash and saw a bystander performing life-saving efforts on Crabtree.
“All three of us saw Jaxon right after the accident and all three forever hold a special place in our heart because of that,” said Hitchcock.
For years, Hitchcock said she and other parents have idled at the entrance to Morgan Creek Preserve to drop off and pick up their kids at the bus stop.
In recent months, the developer-controlled HOA and its towing provider, Black Sheep Towing, have told them to stop.
Hitchcock refused, which resulted in a lawsuit.
“Something sparked something inside of me I guess when I saw Jaxon’s accident,” said Hitchcock. “You go into protection mode for your kids. There’s some things you can brush off but this isn’t one of them.”
“She parks on the roadway, creating dangerous situations. She parks, blocking sidewalks which also blocks pedestrian traffic,” said Dan Pilka, an attorney for the HOA.
Pilka filed a motion for a temporary injunction to prohibit Hitchcock from idling in the entranceway while the case plays out, citing near-miss collisions and complaints from residents.
“We made available the parking in the pool area, walk over safely, get your children, and bring them back. That’s safe too. That’s safer,” said Pilka.
Randy Stepp, the owner of Black Sheep Towing, testified his company monitors for violations and tows vehicles and said the parking situation creates a danger to residents.
According to testimony during an emergency injunction hearing on Monday, a tow operator, Jonathan Jones, said many parents were still parking in the entranceway alongside Hitchcock.
Jaxon Crabtree’s parents attended the hearing in court Monday in support of Hitchcock.
“I just felt compelled to be here to remind the court and whomever that the children’s safety should be paramount in this matter,” said Jason Crabtree, Jaxon Crabtree’s father. “It’s dumbfounding to me that it’s not, that we’re trying to restrict our parents from keeping our children safe.”
Monday afternoon, the judge granted the plaintiff’s temporary injunction which means Hitchcock can no longer idle in the area between West Pipkin Road and the security gate.
The media spoke with the developer, Brian Fraser, who did not attend the hearing.
He said safety is their “first and foremost concern.”
He is seeking for Hitchcock to stop parking at the entranceway and pay the legal fees connected to the lawsuit.
Hitchcock is spot on about the speeding issue in western Polk. Since there is practically no enforcement, drivers have little fear about being cited. Many travel at least 10 over the limit and some are at 20 over in our neighborhood, which is not very far from Hitchcock’s. Ours is a residential neighborhood with houses everywhere (no commercial structures). Speed limit 35 MPH. But we’re not safely tucked away in a subdivision. Some front doors are only 10 feet from the roadway. Absolutely no respect for us or our neighborhood. BTW – the kids aren’t helping either. I’ve personally witnessed them – hoodie over their head, staring at their phone, standing inches from the roadway while cars go whizzing by at 50 MPH.