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SJC overturns the Kingston couple’s $5 million judgment against the country club over stray golf balls

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“Stray golf balls are as much a game of golf as foul balls and fouls are in baseball. They are a normal part of the game. They show the difficulty and challenge of the sport even to the best players,” Kafker writes. —disputed at once—golf putts swerve, naturally.”

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He added, “A properly directed jury is needed to resolve whether the operation of the 15th hole, including the number of foul shots that hit the plaintiffs’ home, was reasonable.”

The Tenczars and their attorney, Robert W. The country club has reshaped the 15th jersey twice, Galvin said, in a phone interview Tuesday, but the final design once again sends golf bars back to their property.

“The nightmare isn’t over yet,” he said, adding that the couple had collected 11 stray golf balls in recent weeks. “They love living there…but if you get one ball, you might as well get 100 because you don’t know when the next ball is coming.”

Once the parties learned of the Supreme Judicial Council’s decision, Galvin said, the case continued until January 18.

He described the Supreme Judicial Council’s decision as “disappointing” but also noted that they would now be able to raise their concerns before a new jury. He said the Tenczars are very upset about having to continue to fight the country club in court and the SJC’s decision to be questioned this week. “It’s their dream home,” he said. “They love where they live. They hate the conditions.”

The country club’s attorney was not immediately available for comment on Tuesday.

The couple bought the home on the Country Club Way in the Indian Pond Estates subdivision, which is adjacent to the country club, in 2017. Over the next several years, their home in which they lived with two young children was hit by 651 golf balls, according to the SJC. The shots broke eight windows and damaged the house’s sides and roof railings.

Eric Tenczar testified to the mental exhaustion caused by worrying about his golf ball strokes and the safety of his children, and his “hopeless” remarks to his wife[ness]Kafker wrote: “Fear, tension and nervousness in his children.” “Athena Tenkzar testified that golf ball strikes interrupted her work calls and woke her children during naps, and described golf balls as ‘scary’ and ‘messy.’ Her expectations about her ability to use the outdoor space in her home were not met.”

But during the trial last December. The ruling by Supreme Court Justice William M. White was legally at fault when he issued a permanent injunction restricting the club’s operations, the court said.

“We conclude that the trial judge erred when he did not interpret the documents creating the Covenants and Restrictions as a whole and in light of the accompanying circumstances. Reading them as a whole, the plaintiffs’ home was subject to an agreement permitting the “reasonable and efficient operation” of the golf course “in a traditional and customary manner,” Kafker wrote. giving [proper] The instructions were biased, and the ruling should be reversed and the matter lifted.”

The couple told the Globe earlier this year that they only went to court when efforts to resolve disagreements with club management were ineffective, an assertion denied by the country club’s lawyer.

Käfker described what it was like to design the golf course when the couple moved into their main home with neighbors who had feuded in court for the past four years.

“If a golfer, on the tee, tries to cut the corner and hit it directly in the direction of the hole, a foul putt (241 yards from the championship tee, 217 yards from the member’s tee, 192 yards from the center tee) can hit House,” he wrote. “There is a bunker (i.e. sand trap) located to the left of the landing area to discourage golfers from cutting the corner.”

Material from previous Globe coverage was used in this report. This is a developing story and will be updated. Jeremiah Mannion of the Globe staff contributed to this report.


John R. Ellement can be reached at [email protected] Follow him on Twitter @employee.

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