I commend Ms.Amarlal and her neighbour\’s
efforts and the three panel judges of the Appeals court for the relief. The grandfathered \”nuisance claims\” as claimed by the golf course ownners is not justified due to fact that they harbours people to play professional game who most of the time are arrogant and careless as well. I live on the Golf Course and in a similiar situation as Ms. Amarlal. I was and continue to be a victum of trespass by golf balls and golfers as well. I took the Willowdale Country Club in the St Charles Parish small calim court and the legal system did not help my cause. In fact the judge did consider my pleas. Willowdale Country Club is one of the low end club of the Luling, LA and harbours golfers who not only lacks game ethics but their attitude is always rude. They think and profess intent issue. One of them who damaged the property recently told me that he was a lawyer and although he was a learner I have to prove that his intent was to damage my property. The other one adivised me to calim damage from my insurance. Similarly, when I called Willowdale Country club, They put forth inharent risk theory that I assumed (the risk of golf balls hitting the proprty) when I acquire the property.
I have read the Appeals Court\’s decision and find it completely disgraceful. The Plaintiffs should have sued the real estate agent for telling them golf balls on the property was not a problem. I have played at Middlebrook a number of times and I have yet to play with someone who did not respect the property along the 9th hole. The Plaintiffs are completely out of line and the epitome of everything that is wrong with this country. GET A LIFE!!!!
I can\’t fathom how the Cuppels could be held responsible for claims made by Amaral\’s real estate broker. Any reasonable person should expect to deal with golf balls on land abutting an operating golf course. I agree whole heartedly with Mathew Kelly that this lawsuit is disgraceful. Shame on you Amaral.
I live on a golf course and I golf occasionally. I can see both points of view. I realize that you move into a golf course home realizing that you are probably going to get hit with golf balls, but this does not mean you have to put up with rude people that don\’t care about your property. Most golfers are nice people but it\’s that 1% that ruins it for everyone. I have put up trees and shrubs to block the golf balls and keep the 1% out of my backyard.
Today is May 24, 2007, I am visiting Swansea, MA as I do about once a year to visit family. We are from the golf center of the universe, Pinehurst, NC.
I am astounded that the ninth hole issue at Middlebrook is still going on. My wife and I played there today.
I may lack a few brain cells but I at least know that if I were to purchase a home lot at the edge of a golf course fairway and not expect a few balls to land in my yard now and then I might be committed to an institution!
What\’s wrong with these people?
Why aren\’t they working with the owners of Middlebrook to resolve the issue instead of letting the courts do it?
There are many solutions… Planting more trees along the right side of the fairway, erecting a temporary netting to prevent errant golf balls from reaching the neighbor\’s yard. This is not rocket science.
I feel bad for the owners of Middlebrook, whom I have never met. They go out of their way to present a well kept, and even possibly a beautiful golf setting. Today I viewed with awe the plantings at the forward tees on the fifth hole. Absolutely beautiful! On a par with the best in the Pinehurst area.
So what is the answer?
It seems to me that the lawyers are in control and therefore logic may not be in play here. Cases like this are wrongfully settled every day and I hope this becomes the exception. The golf course should prevail. The complaints appear to be nonsense.
Let’s not overlook the responsibility of each golfer. What reasonable assurance does anyone have that a golfer has any ability to play the game with a basic level of skill that will keep his ball within the confines of the golf course.
No where else but a golf course s someone with no determinable skill, or certification or license, allowed to spray missles hither and yon well off the gof course confines, onto private propery without penalty.
Further, tournament formats such as Captains Choice/Best Ball, encourage irrespnsible and super human attempts to hit an out of control ball, a maximum distance, often out of bounds or onto adjacent propery with subsequent peril and damage.
It’s time for golf course owners to step up and insist that golfers be skills tested, demonstrating the abilty to hit a ball in bounds and be licensed/certified before being allowed onto the course.
Golf balls need to be labeled with the owners license number , name and contact numbers, a quantity registered with the club, and inventoried at the end of the round, then and need to be fined for each lost ball.
This fund can help the clubs insure themselves for the subsequent damage and trespass claims.
We live alongside the midpoint of the 7th hole on beautiful golf course property. We are a target, and I don’t mean just the recepient of a few errant golf balls! We’ve had golf balls hitting our roof; going into our pool (thank goodness no one was in swimming at the time); bouncing off our neighbors house and back into ours; in our front yard and out onto our street! This has become a safety hazard after 2 close body misses eating breakfast on our inside patio. The golf course manager will not call me back and so I guess the next step is legal action.
Having just returned from playing the Middlebrook golf course I can attest to the diminished capacity of playing the course. The 9th hole is tree lined from tee to green. Very large and old trees. From my understanding the plaintiffs would not agree on netting to solve the errant golf ball problem for aesthetic reasons. The 9th hole has been reduced to a very short par 3 and detroying a lovely finishing hole. It comes down to common sense, if you buy property next to an old and established golf course…EXPECT SOME ERRANT GOLF BALLS! Otrherwise don’t buy the property!.
I too learned to love Middlebrook. Site of my first golf learning experience!Mny years ago!
However, how can you fantasize about how wonderful the closing ninth hole is when so many tee shots find their way out of bounds! Doesn’t sound so wonderful to me if you play by the rules and go back to the tee (taking your stroke and distance penaly and tee up # 3! And if you’re out of bounds again? Go back and tee up #5?
Assuming of course that all honorable golfers are going to play by the rules and keep an accurate score!
But back to the point, I believe that any adjacent property owner, in this age of the golf channel, game improvement clubs, endless opportunities for lessons and clinics, has a right to expect that you, as a responsible golfer, will work very hard at your game, and be able to keep your ball in the confines of the golf course!
If on the other hand, you believe that going on the course is your chance to irresponsibly slam the ball as hard and as far as you can, ith no idea where it may land, then this is not a case of an occasional errant ball, which we can understand, but a case of wanton irresponsible trespass. (as the judge so easily found)
So let’s all be for “Responsible Golf”! Learn to keep you ball in the fairway, and you’ll score an awful lot better! Honestly!
The Pray home is the one with the pool, nearest the tee. The Amaral home is on the left of Pray’s.
For a ball hit with a driver or 3 wood to get to the Pray yard is very difficult but I suppose remotely possible.
The trees behind the Amaral home are well established and tall. Could a right hander slice one high enough and long enough, certainly. But how often really!
I think the biggest problem is to get golfers to line up to the left. Left is where you want to be for a good approach to the green. The clump of trees and stuff across the fairway from the Pray home is very intimidating when looking from the tee and one therefor favors the right side.
Perhaps Middlebrook should remove some of those trees, clearing the left side of the fairway and also plant more stuff (trees, bushes, etc.) in the right side rough.
What really bothers me though is that the golf course was there first. Buyers beware!
commend Ms.Amarlal and her neighbour’s
efforts and the three panel judges of the Appeals court for the relief. The grandfathered “nuisance claims” as claimed by the golf course ownners is not justified due to fact that they harbours people to play professional game who most of the time are arrogant and careless as well. I live on the Golf Course and in a similiar situation as Ms. Amarlal. I was and continue to be a victum of trespass by golf balls and golfers as well. Golfers want to drive the carts though my yard and also hit the ball from the yard leaving divits all over the yard. When I purchased my house it was out of range for 99.9% of the golfers. Now with the new balls and clubs that have added 25 to 40+ yards to the golfer distance I am in range for almost all the golfers. The golf course has made no effort to make any changes. This is the problem with the golfers of today. It is not their property so they don’t care what they do. This also includes take a leak in the trees near by. I am a golfer and I can truely said that this is not the way I was taught to play the game.
There are only two homes that abut the golf course in question on the ninth fairway. One is the Amaral home and the other is the Pray home. There is one other home adjacent to the 5th tee that could possibly be yours. There is no way an errant ball could reach your yard because one would have to essentially hit the ball Backwards to go into your yard.
You must live somewhere else, on some other golf course and your comments are therefor irrelevant.
The decision was correct. We all understand that residing across from a golf course may bring unfortunate circumstances on occasion. However, when the problem becomes excessive, something should be done. It would be different if the homeowners bought a home on the golf course, but this was not the case. These country club owners have avoided taking responsibility for damages for long enough. The responsibility first rests upon the golfer. However, even if you had witnessed the golfer cause damages to your property, they will deny it ninety nine out of a hundred times. Most of these golfers are just like the ignorant people that disagree with this decision. These kind of people rarely feel that they should be responsible for the harm they cause others. If they disagree, then maybe they ought to let their kids play in my front yard or walk down our street, Fairway Blvd in Chino Hills Ca. I just returned to my home thirty minutes ago after driving to the pro shop at the Los Seranos Country Club. Another dishonest and irresponsible golfer sliced a ball on to my property and shattered the windshield of our new car about thirty minutes ago. When I approched the two Korean golfers in cart #128 about the damages, they said, “Oh, so sorry, so sorry”. I said, “So sorry won’t pay for the $150.00 windshield you just shattered”. They got in their golf cart and drove off. This was the eighth $150.00 windshield aside form dents all over three of my vehicles, garage door, stucco, front living room windows, ect… Fact is, material items can be replaced, but what happens when a child is struck in the head and killed while walking down this street. Maybe everyone who dissagrees with this decision should be the ones to explain to that child’s parents that their kid is dead because the golf course owner was more concerned with the money in his wallet than he was with the safety of our children and community. It’s about time they hold the golf couse responsible, cause they are. This week I will also be filing a Civil Suit against Jack Kramer’s Los Seranos Country Club. – DR
I was reading about the golf ball problem and just wanted to say that there is a solution to broken window and such. I am not here to invade or just to advertise.
I was actually looking for pictures of damaged windows and such. We have product called SuperScreen that is GOLF BALL PROOF AND COMES WITH A 10 YR WARRANTY.
Just check it out at http://www.gpsenclosures.com email me here at lcourtney123@dishmail.net
I commend Ms.Amarlal and her neighbour\’s
efforts and the three panel judges of the Appeals court for the relief. The grandfathered \”nuisance claims\” as claimed by the golf course ownners is not justified due to fact that they harbours people to play professional game who most of the time are arrogant and careless as well. I live on the Golf Course and in a similiar situation as Ms. Amarlal. I was and continue to be a victum of trespass by golf balls and golfers as well. I took the Willowdale Country Club in the St Charles Parish small calim court and the legal system did not help my cause. In fact the judge did consider my pleas. Willowdale Country Club is one of the low end club of the Luling, LA and harbours golfers who not only lacks game ethics but their attitude is always rude. They think and profess intent issue. One of them who damaged the property recently told me that he was a lawyer and although he was a learner I have to prove that his intent was to damage my property. The other one adivised me to calim damage from my insurance. Similarly, when I called Willowdale Country club, They put forth inharent risk theory that I assumed (the risk of golf balls hitting the proprty) when I acquire the property.
I have read the Appeals Court\’s decision and find it completely disgraceful. The Plaintiffs should have sued the real estate agent for telling them golf balls on the property was not a problem. I have played at Middlebrook a number of times and I have yet to play with someone who did not respect the property along the 9th hole. The Plaintiffs are completely out of line and the epitome of everything that is wrong with this country. GET A LIFE!!!!
I can\’t fathom how the Cuppels could be held responsible for claims made by Amaral\’s real estate broker. Any reasonable person should expect to deal with golf balls on land abutting an operating golf course. I agree whole heartedly with Mathew Kelly that this lawsuit is disgraceful. Shame on you Amaral.
I live on a golf course and I golf occasionally. I can see both points of view. I realize that you move into a golf course home realizing that you are probably going to get hit with golf balls, but this does not mean you have to put up with rude people that don\’t care about your property. Most golfers are nice people but it\’s that 1% that ruins it for everyone. I have put up trees and shrubs to block the golf balls and keep the 1% out of my backyard.
Today is May 24, 2007, I am visiting Swansea, MA as I do about once a year to visit family. We are from the golf center of the universe, Pinehurst, NC.
I am astounded that the ninth hole issue at Middlebrook is still going on. My wife and I played there today.
I may lack a few brain cells but I at least know that if I were to purchase a home lot at the edge of a golf course fairway and not expect a few balls to land in my yard now and then I might be committed to an institution!
What\’s wrong with these people?
Why aren\’t they working with the owners of Middlebrook to resolve the issue instead of letting the courts do it?
There are many solutions… Planting more trees along the right side of the fairway, erecting a temporary netting to prevent errant golf balls from reaching the neighbor\’s yard. This is not rocket science.
I feel bad for the owners of Middlebrook, whom I have never met. They go out of their way to present a well kept, and even possibly a beautiful golf setting. Today I viewed with awe the plantings at the forward tees on the fifth hole. Absolutely beautiful! On a par with the best in the Pinehurst area.
So what is the answer?
It seems to me that the lawyers are in control and therefore logic may not be in play here. Cases like this are wrongfully settled every day and I hope this becomes the exception. The golf course should prevail. The complaints appear to be nonsense.
Alan Huntress
Cameron, NC
alan_marilyn@alltel.net
Let’s not overlook the responsibility of each golfer. What reasonable assurance does anyone have that a golfer has any ability to play the game with a basic level of skill that will keep his ball within the confines of the golf course.
No where else but a golf course s someone with no determinable skill, or certification or license, allowed to spray missles hither and yon well off the gof course confines, onto private propery without penalty.
Further, tournament formats such as Captains Choice/Best Ball, encourage irrespnsible and super human attempts to hit an out of control ball, a maximum distance, often out of bounds or onto adjacent propery with subsequent peril and damage.
It’s time for golf course owners to step up and insist that golfers be skills tested, demonstrating the abilty to hit a ball in bounds and be licensed/certified before being allowed onto the course.
Golf balls need to be labeled with the owners license number , name and contact numbers, a quantity registered with the club, and inventoried at the end of the round, then and need to be fined for each lost ball.
This fund can help the clubs insure themselves for the subsequent damage and trespass claims.
It’s time to put a stop to irresponsible golf!
We live alongside the midpoint of the 7th hole on beautiful golf course property. We are a target, and I don’t mean just the recepient of a few errant golf balls! We’ve had golf balls hitting our roof; going into our pool (thank goodness no one was in swimming at the time); bouncing off our neighbors house and back into ours; in our front yard and out onto our street! This has become a safety hazard after 2 close body misses eating breakfast on our inside patio. The golf course manager will not call me back and so I guess the next step is legal action.
Having just returned from playing the Middlebrook golf course I can attest to the diminished capacity of playing the course. The 9th hole is tree lined from tee to green. Very large and old trees. From my understanding the plaintiffs would not agree on netting to solve the errant golf ball problem for aesthetic reasons. The 9th hole has been reduced to a very short par 3 and detroying a lovely finishing hole. It comes down to common sense, if you buy property next to an old and established golf course…EXPECT SOME ERRANT GOLF BALLS! Otrherwise don’t buy the property!.
I too learned to love Middlebrook. Site of my first golf learning experience!Mny years ago!
However, how can you fantasize about how wonderful the closing ninth hole is when so many tee shots find their way out of bounds! Doesn’t sound so wonderful to me if you play by the rules and go back to the tee (taking your stroke and distance penaly and tee up # 3! And if you’re out of bounds again? Go back and tee up #5?
Assuming of course that all honorable golfers are going to play by the rules and keep an accurate score!
But back to the point, I believe that any adjacent property owner, in this age of the golf channel, game improvement clubs, endless opportunities for lessons and clinics, has a right to expect that you, as a responsible golfer, will work very hard at your game, and be able to keep your ball in the confines of the golf course!
If on the other hand, you believe that going on the course is your chance to irresponsibly slam the ball as hard and as far as you can, ith no idea where it may land, then this is not a case of an occasional errant ball, which we can understand, but a case of wanton irresponsible trespass. (as the judge so easily found)
So let’s all be for “Responsible Golf”! Learn to keep you ball in the fairway, and you’ll score an awful lot better! Honestly!
The link below (if it works) shows the 9th hole . Tee box on the right and green on the left.
http://maps.google.com/maps?ie=UTF8&hl=en&ll=41.790301,-71.240657&spn=0.002708,0.003444&t=k&z=18&om=1
The Pray home is the one with the pool, nearest the tee. The Amaral home is on the left of Pray’s.
For a ball hit with a driver or 3 wood to get to the Pray yard is very difficult but I suppose remotely possible.
The trees behind the Amaral home are well established and tall. Could a right hander slice one high enough and long enough, certainly. But how often really!
I think the biggest problem is to get golfers to line up to the left. Left is where you want to be for a good approach to the green. The clump of trees and stuff across the fairway from the Pray home is very intimidating when looking from the tee and one therefor favors the right side.
Perhaps Middlebrook should remove some of those trees, clearing the left side of the fairway and also plant more stuff (trees, bushes, etc.) in the right side rough.
What really bothers me though is that the golf course was there first. Buyers beware!
Alan Huntress
Cameron, NC
commend Ms.Amarlal and her neighbour’s
efforts and the three panel judges of the Appeals court for the relief. The grandfathered “nuisance claims” as claimed by the golf course ownners is not justified due to fact that they harbours people to play professional game who most of the time are arrogant and careless as well. I live on the Golf Course and in a similiar situation as Ms. Amarlal. I was and continue to be a victum of trespass by golf balls and golfers as well. Golfers want to drive the carts though my yard and also hit the ball from the yard leaving divits all over the yard. When I purchased my house it was out of range for 99.9% of the golfers. Now with the new balls and clubs that have added 25 to 40+ yards to the golfer distance I am in range for almost all the golfers. The golf course has made no effort to make any changes. This is the problem with the golfers of today. It is not their property so they don’t care what they do. This also includes take a leak in the trees near by. I am a golfer and I can truely said that this is not the way I was taught to play the game.
To Mr. John Peterson,
There are only two homes that abut the golf course in question on the ninth fairway. One is the Amaral home and the other is the Pray home. There is one other home adjacent to the 5th tee that could possibly be yours. There is no way an errant ball could reach your yard because one would have to essentially hit the ball Backwards to go into your yard.
You must live somewhere else, on some other golf course and your comments are therefor irrelevant.
Respectfully,
Alan Huntress
Cameron, NC
The decision was correct. We all understand that residing across from a golf course may bring unfortunate circumstances on occasion. However, when the problem becomes excessive, something should be done. It would be different if the homeowners bought a home on the golf course, but this was not the case. These country club owners have avoided taking responsibility for damages for long enough. The responsibility first rests upon the golfer. However, even if you had witnessed the golfer cause damages to your property, they will deny it ninety nine out of a hundred times. Most of these golfers are just like the ignorant people that disagree with this decision. These kind of people rarely feel that they should be responsible for the harm they cause others. If they disagree, then maybe they ought to let their kids play in my front yard or walk down our street, Fairway Blvd in Chino Hills Ca. I just returned to my home thirty minutes ago after driving to the pro shop at the Los Seranos Country Club. Another dishonest and irresponsible golfer sliced a ball on to my property and shattered the windshield of our new car about thirty minutes ago. When I approched the two Korean golfers in cart #128 about the damages, they said, “Oh, so sorry, so sorry”. I said, “So sorry won’t pay for the $150.00 windshield you just shattered”. They got in their golf cart and drove off. This was the eighth $150.00 windshield aside form dents all over three of my vehicles, garage door, stucco, front living room windows, ect… Fact is, material items can be replaced, but what happens when a child is struck in the head and killed while walking down this street. Maybe everyone who dissagrees with this decision should be the ones to explain to that child’s parents that their kid is dead because the golf course owner was more concerned with the money in his wallet than he was with the safety of our children and community. It’s about time they hold the golf couse responsible, cause they are. This week I will also be filing a Civil Suit against Jack Kramer’s Los Seranos Country Club. – DR
enjoy!
http://www.responsiblegolf.blogspot.com/
I was reading about the golf ball problem and just wanted to say that there is a solution to broken window and such. I am not here to invade or just to advertise.
I was actually looking for pictures of damaged windows and such. We have product called SuperScreen that is GOLF BALL PROOF AND COMES WITH A 10 YR WARRANTY.
Just check it out at http://www.gpsenclosures.com email me here at lcourtney123@dishmail.net