Reading the first five pages of this decision was enough to leave me shaking my head - both at the buyers of the house, and the builders.
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I would have awarded the plaintiff the actual cost of repairs and no more.
The plaintiffs get nothing, zero, nada, zip. The golf course had been operating for 13 years before they bought their house. They had ample opportunity to evaluate the conditions. Even without the easement to operate a golf course, these people moved into a known situation. If you live on a golf course, your house will be hit with golf balls.
Similary, people moving from urban areas to rural areas and then filing lawsuits because they don't like the smell of livestock. They also get nothing, zero, nada, zip.
Somebody didn't read the covenants and easements for their new home....
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"Surely you can't be serious...."
"I am serious and quit calling me Shirley!"
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It never ceases to amaze me how little accountability people are willing to accept, yet try to encumber others with ...
If You pay to dance, you better know the moves....
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3.4 million for emotional distress?
3.4 million for emotional distress?
Their emotions are both luxurious and exclusive. Those qualities make them extremely valuable.
If you live on a golf course, your house will be hit with golf balls.
Never buy a house on the slice side of the fairway. Golf course community 101
If you live on a golf course, your house will be hit with golf balls.
Never buy a house on the slice side of the fairway. Golf course community 101
My mother purchased a Lot along #2 fairway. She was just about as far as I could hit a driver at the time from the tips. I figured she was safe for the most part since it was a hook that would get to her and it was 320-330 or so. First day her house was done the office window was smashed. Went to a metal worker and they built a heavy screen, she planted Aspens and bushes and for the rest of her time there the trees and screens worked. But dang the house got a lot of golf balls, usually slow moving ones rolling down the street but still......
She was just about as far as I could hit a driver at the time from the tips.
I'm a good 300 off the tee...200 out, 100 right.
@john-putnam As a former resident of Massachusetts I'm not surprised. Some clown moved into a house next to the Rod and Gun club in the town I lived in. Next Selectman's' meeting he griped he could not get any sleep; he was a Boston ER doctor who worked nights, especially weekends. This club has multiple trap and skeet fields and rifle ranges. The mentality is you have to conform to my demands, even if you were there for a hundred years. Someone told me long ago before you buy go to the assessors and look at what is around (I am sufficiently ancient that GIS or Google Earth was not around growing up). Maybe buying next to Stop and Shops refrigerated warehouse or that chemical factory is not a good investment. Buyer Beware. I live next to a cemetery.
I live next to a cemetery.
Quiet neighbors...
For nearly two years I lived approximately one block away from the Diary Barns that had housed dairy cattle since the 1870's in support of the university's animal science programming. The subdivision in which I resided had been developed after World War II. The aromatic smells emanating from the barns and support pens were not viewed the same by all neighbors. They did not appreciate my comment that the cows were there for 70 years prior to any of the houses.
Several years later, all new facilities for the Dairy Science program were built a few miles to the north and the barns were largely converted into greenhouses. Greenhouses have a stench that turns my stomach. Cow manure smells like money to a true country boy.
There is a big difference between the smells generated from an old school dairy vs the modern agribusiness model common nowadays. When I was a kid, dairy's had a pleasant smell. These days you can barely breath around one because of the waste ponds required to keep the hundreds of cows cooped up in a relatively small barn yard setting. Maybe that will change now that some of the bigger ones around here are starting to capture the methane for power production.
Point still, if you buy a place next to one then you have no room to complain about it.
