Couple's long battle with golf course over errant balls intensifies

Couple's long battle with golf course over errant balls intensifies

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Couple's long battle with golf course over errant balls intensifies

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There are downsides to living next to a golf course. One Pennsylvania couple is really learning that the hard way.

Jerzy and Halina Wisniewski are in the midst of a huge fight with their local golf course, Morgan Hill Golf Course in Easton, Pa., over golf balls ending up on their property.

In fact, the pair, who have lived next to the layout’s 13th hole for more than a decade, sued Morgan Hill last year after becoming fed up with errant balls from 13 tee finding their property (Halina claimed that she was even hit in the back by a ball and Jerzy, her husband, has been knocked in the head by one).

An injunction was granted in July to stop Morgan Hill from allowing balls to end up on the Wisniewski property. So the saga appeared to be over.

Actually, not so much…

As the (Allentown) Morning Call reports, the battle may be more heated than ever.

The Wisniewskis are back in court now, seeking to hold the course in contempt for not following through on the injunction. The couple indicated that since the injunction was granted, dozens of golf balls have ended up on their property – one of which hit their roof and cracked its clay tiling.

“My safety comes to an end the same day that golf season starts,” Halina Wisniewski testified in the fall at a Northampton County Court hearing. “There is not a single day I can go out safely, that I can go out to take a rest, because I live in constant fear.”

Morgan Hill has countered the couple’s complainants, arguing that balls continuing to find that property post-injunction is impossible.

Patrick Mallory, the course’s director of golf, said two of No. 13’s tees had been closed and three weeks were spent monitoring where shots went from the remaining one, with no balls ending up on the property. Morgan Hill apparently moved all three tee boxes on 13 forward in order to be safe and that they all now sit past the Wisniewski property.

The Wisniewskis attorney, Robert Brasko, claims though that golfers may still be hitting it from the roped off old tees and more could have been done to avoid this further situation, including the course closing the hole all together. The 50 or more balls the Wisniewskis brought forth in an October hearing as evidence of post-injunction landings on their property only seemed to serve as proof of the continuing problems.

But Morgan Hill lawyer Erv McLain claimed that those balls were collected long before the injunction.

“They’ve gathered balls … and they want us to buy them out,” McLain said.

Clearly this ordeal remains contentious. Judge Michael Koury Jr., who heard testimony in this case last week, will rule at a later date after both sides have submitted written briefs.

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