Tenczar v. Indian Pond Country Club, Inc.Annotate this Case
The Supreme Judicial Court reversed the verdict of the trial court awarding Plaintiffs $100,000 for property damage and $3.4 million in emotional distress damages and entering an injunction forbidding operation of the golf course next to which Plaintiffs' home was located in a manner that allowed golf balls on Plaintiffs' property, holding that the trial judge erred.
Plaintiffs lived in a subdivision on the side of a golf course operated by Defendant. In 2018, Plaintiffs sued Defendant in trespass for equitable relief and money damages, alleging that several hundred golf balls had hit the property since 2017, breaking eight windows and damaging the house's siding and a railing on the deck. The jury returned a verdict in favor of Plaintiffs. The Supreme Judicial Court reversed, holding (1) the trial judge erred when he did not interpret the documents creating the covenants and restrictions as a whole and in light of attendant circumstances; and (2) because the jury were not properly instructed about the documents, the verdict must be reversed, the injunction lifted, and the case remanded.