A Texas restaurant is being sued after a neighbor accused it of putting children at risk by installing a jungle gym on an allegedly dying tree.
Richard Fontenot, who lives next to Long Weekend in Houston, filed the lawsuit on Wednesday seeking to temporarily shut down a playground supported by two trees, according to a filing cited by Chron.
Fontenot claimed that the restaurant built a rope structure around the trees that is creating an 'imminent risk of catastrophic bodily injury or death to children using the structure if either the trees or the attached apparatus fails,' according to the complaint.
He is additionally seeking an emergency temporary restraining order to shut down the playground until the safety concerns are addressed.
The neighbor claimed that the trees, a water oak and an Arizona ash, partially sit on his side of the property, and that multiple master arborists examined them.
According to the lawsuit, one of the arborists found the water oak had Ganoderma root rot.
The tree expert said the root rot 'will break at the ground and fall over in the near future [and] can't stress enough how dangerous this situation is.'
They added that the area should be fenced off as a 'deadly drop zone.'
Richard Fontenot, who lives next to Long Weekend in Houston, filed a lawsuit on Wednesday seeking to temporarily shut down a playground supported by two trees
The contentious structure is suspended from two trees, a water oak and an Arizona ash
With both indoor and outdoor spaces Long Weekend describes itself as 'a premier destination [for] family, food, live entertainment and sports coverage'.
'The concept features an expansive outdoor area for children to play, giving parents the freedom to socialize over craft cocktails and elevated wood-fired meals', the restaurant's website says.
A recent review posted on Google described the restaurant as chaotically busy: 'Even as a grown adult I was over-stimulated'.
The guest claimed many families were not observing the stated rules for parental supervision in the playground: 'There was not an adult for each kid or sets of kids.
'In fact, I'm not sure there would be enough space for both kids and adults to be in the play area if the "rule" was observed.'
Long Weekend's legal counsel opposed Fontenot's complaint on Tuesday, according to Chron.
According to the lawsuit, an arborist found the water oak had Ganoderma root rot and claimed the tree 'will break at the ground and fall over in the near future'
The restaurant's attorneys opposed denied the allegations, arguing that an accident 'is no more likely to happen than any other playground tragedy'
The legal representative said that '[Fontenot's] premonition [of children being injured] is no more likely to happen than any other playground tragedy.'
'Children only gain entry with their parents in tow and, as a rule, parents are pretty good supervisors,' the response stated.
The restaurant's lawyers have asked the judge to throw out the case.
As the case moves forward, a hearing is expected to determine whether the playground can continue operating.
The Daily Mail has reached out to Long Weekend for comment.