Sorry, but that is so much Bravo Sierra. The Kirlins did not file a motion, the Kirlins did not tresspass on others land.
No, the other couple is responsible. It is they who tresspassed, it is they who have filed the court papers to use this particular loophole in the law to their abject, self interest.
For all of those reasons it should have never been considered...and should now be overturned and undone.