The Bobcat Nation

HAMILTON -- A Hamilton couple is sick of hundreds of golf balls pelting their property and wants the Hamilton Golf Club to do something about it.

Robert and Katherine Brady have filed suit and requested a permanent injunction to prevent use of the 18th hole at the Hamilton Golf Course, unless it is modified to prevent golf balls from striking their property.

Since 2009, the couple has collected more than 1,350 golf balls from their property each year, the suit claims. And that doesn't count the ones that land in their yard and are retrieved by golfers.

Many of those balls have hit their home and vehicles, breaking windows and damaging them, they say.

The lawsuit, filed in District Court, also demands damages from Ravalli County, which leases property for the golf course's back nine holes.

The Brady home, which the couple purchased in 2009, is at 570 Broken Arrow Loop in the Broken Arrow subdivision.

When the subdivision was being considered, the problem was brought up by golf course staff. They sent a letter to the county commissioners, noting that conflict between golfers on the back nine and property owners was likely.

They suggested ball-blocking walls and notifying potential landowners, but their suggestions were never acted upon.

The first nine holes of the golf course have been around since 1924. In 1978, Ravalli County leased an 80-acre parcel to add nine more holes. In February 2010, the commissioners extended that lease for an additional 10 years.

The Bradys' property is adjacent to the course's 18th hole. Standing on the tee box of that hole looking toward the green, the Bradys' property is on the right.

According to court documents, the Bradys have complained to the golf club many times. Despite that, they say, the club hasn't taken any action to prevent balls from pelting their property.

"The club's acts and omissions have resulted in an unreasonable and substantial interference of the free use and enjoyment by plaintiffs of the Brady property," the claim reads.

Along with the injunction to keep golfers off the 18th hole until something is changed, the Bradys, who are represented by Alex Beal of Hamilton, are also seeking damages, expenses and attorney's fees.

The Bradys are also accusing Ravalli County of a breach of duty. According to the suit, "Ravalli County has failed to maintain the back nine in a reasonably safe condition."

That breach of duty, they claim, has caused damage to the Bradys as well as their property.

The couple has attempted to negotiate a solution with the club and its insurer to avoid the court process, the suit claims, but both entities have refused to take any "meaningful" steps.

Without an injunction to keep golfers off the 18th hole, "it is only a matter of time until a golf ball will strike an occupant," the claim reads. And being struck by a golf ball is "likely to cause serious injury or even death," the suit says.

An injunction hearing has been set for Jan. 31. However, on Jan. 18, Hamilton Golf Club lawyer John Greef filed a motion requesting a hearing be set for the first or second week of March. On Monday, the Bradys filed a response in opposition, asking that the hearing remain on Jan. 31 as scheduled.

rtb wrote:Even if they only sell them for $.25 each they should be happy about the $350+ free money falling into their yard every year. If you are grabbing ProV1s you can sell those for a $1 each easily.

CapitalCityCat wrote:

rtb wrote:Even if they only sell them for $.25 each they should be happy about the $350+ free money falling into their yard every year. If you are grabbing ProV1s you can sell those for a $1 each easily.

I sense a new A&E or Discovery Channel reality show brewing here. Ball Hoggers?

CapitalCityCat wrote:

rtb wrote:Even if they only sell them for $.25 each they should be happy about the $350+ free money falling into their yard every year. If you are grabbing ProV1s you can sell those for a $1 each easily.

I sense a new A&E or Discovery Channel reality show brewing here. Ball Hoggers?

Bay Area Cat wrote:

CapitalCityCat wrote:

rtb wrote:Even if they only sell them for $.25 each they should be happy about the $350+ free money falling into their yard every year. If you are grabbing ProV1s you can sell those for a $1 each easily.

I sense a new A&E or Discovery Channel reality show brewing here. Ball Hoggers?

Maybe we can whip up a show about people who buy, renovate, and then flip haunted houses, that are staged using stuff found in abandoned storage lockers or purchased from pickers, restoration shops, or pawn shops, and they finance it all by selling used golf balls to failed gold miners?

Ratings gold, my friend.

gtapp wrote:How dumb do you have to be to buy that house without realizing what was coming. I think about it everytime I look at a home on a course. Be near the tee box to minimize your house being hit. It is like those people that buy a house at the end of a runway and then complain to the city about the noise.

ilovethecats wrote:
however, i have run into some real tools along the way too. one old idiot lives rigtht next to the green on hole 6 on bridger creek. anyone who has played here know that when the tee box is up, you can reach this par 4 in one if you really get a hold of one. i can't....but i've seen it done. anyway, one time last summer my buddy bombed one and it bounced right to the left of the green and into this grinches yard. keep in mind it didn't hit his house but i think it might have bounced off his hot tub after rolling through his yard. the guy walks outside before we can get to his ball, picks it up, waves at us, and walks inside! such an ass. anyway, we walk to his back door and knock a few times but shockingly he didn't answer.

just blown away by people sometimes. i hope the neighbors of these idiots let them know what jackasses they are....

SACCAT wrote:

CapitalCityCat wrote:

rtb wrote:Even if they only sell them for $.25 each they should be happy about the $350+ free money falling into their yard every year. If you are grabbing ProV1s you can sell those for a $1 each easily.

I sense a new A&E or Discovery Channel reality show brewing here. Ball Hoggers?

That is what they called my girlfriend in highschool...

gtapp wrote:How dumb do you have to be to buy that house without realizing what was coming. I think about it everytime I look at a home on a course. Be near the tee box to minimize your house being hit. It is like those people that buy a house at the end of a runway and then complain to the city about the noise.

SenorWeezer wrote:The Pro at my local establishment told me that the golfer assumes/accepts responsibility for any damage they (or their balls) cause to the homes located on the golf course. Has anyone else heard this? Do you think it is true?