AMARAL v. CUPPELS

No. 04-P-569.

64 Mass. App. Ct. 85 (2005)

JOYCE AMARAL & another v. PETER CUPPELS & another.

Appeals Court of Massachusetts, Bristol.

July 22, 2005.


Attorney(s) appearing for the Case

Preston W. Halperin for the plaintiffs.

Michael F. Drywa, Jr., for the defendants.

Present: Greenberg, Cowin, & Green, JJ.


GREEN, J.

Since 1981, the defendants have owned and operated a private golf course in Rehoboth known as the Middlebrook Country Club (Middlebrook). In the late 1990's, the plaintiffs moved into newly constructed homes adjacent to the ninth hole of the course. After moving into their homes, both plaintiffs discovered that errant golf balls struck by golfers playing the course came onto their properties with alarming frequency, and after unsuccessfully attempting to...

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