Flying balls shattered windows in their house with such force they sent glass spraying into the next room; the siding on the house was peppered with circular dents, like a battleship in a war zone. Fearful neighbor children wore bicycle helmets when they went out to play, the Tenczars said.
In the four years since moving in, Erik and Athina Tenczar have picked up nearly 700 balls on their property; they no longer fix the broken windows, but instead cover them in thick plastic sheeting. They even built a partition to shield a small section of their deck from flying objects. A golf shot last fall took out a deck railing.
“When it hits, it sounds like a gunshot,” said Athina Tenczar, 36. “It’s very scary.”
“We’re always on edge,” added Erik Tenczar, 43. “It’s been emotionally taxing on us.” (Source: Boston Globe)
I'm not going to discount how terrible it must be to live on a golf course and be subject to this. (Turns out, the situation of their house puts it on a worse path than other homes in their area. Seems like they should take that up with the homebuilder/developer.) And it does sound like the Indian Pond Country Club was, until recently, a bit douche golf bag-gy in their dealings with the Tenczars.
But what did the Tenczars expect, buying a house on a golf course?
The couple say they anticipated putting up with some amount of sound and distraction from living along a golf course. But they were not prepared for the extent, frequency, and intensity of all of it.
“Honestly, if you have all these houses on a course, I assumed it was safe,” Athina Tenczar said.
Erik Tenczar asked: “Should we have looked into chances our house would be hit? Probably. I don’t know. We just fell in love with the house. It was our first house.”
Probably? I don't know? Come on. A golf course would be the next to last place I'd choose to live. (The true last place would be The Villages in Florida.) I don't want golf balls sailing in through my windows, thank you. So I put up with sirens and rats scrounging around in the garbage bags when people put their trash out too damned early.
Apparently, the legal system is - so far - on the side of the Tenczars.
After a six-day trial in Plymouth Superior Court, a jury on Dec. 6 awarded the Tenczars $3.5 million for damages and mental and emotional suffering. (With interest the award totals $4.9 million, court records show).
Since this judgement was made, the club has jiggered around with the tee location for the 15th hole, and the Tenczars have been golf ball free for a while.
This award seems insane to me, and the Indian Pond Country Club thinks so, too. It's appealing and they're fairly certain this verdict will get tossed.
I'm sure the Tenczars are a perfectly nice couple, looking for nothing more than safety for their three small children who they don't want to get conked by an errant drive when they're splashing in their kiddie pool. (That pool was hit once, but the kiddos blessedly weren't in it at the time.) But $5M?
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