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TENCZAR v. INDIAN POND COUNTRY CLUB, INC.

SJC-13297.

491 Mass. 89 (2022)

ERIK TENCZAR & another v. INDIAN POND COUNTRY CLUB, INC.

Supreme Judicial Court of Massachusetts, Plymouth.

December 20, 2022.

Attorney(s) appearing for the Case

John B. Flemming ( Leon C. Nowicki also present) for the defendant.

Robert W. Galvin ( Anthony J. Riley also present) for the plaintiffs.

Michael H. Brady , of Virginia, & Thomas K. McCraw, Jr. , for National Golf Course Owners Association, Inc., amicus curiae, submitted a brief.

Present: Budd, C.J., Gaziano, Lowy, Cypher, Kafker, Wendlandt, & Georges, JJ.

After purchasing a home next to a golf course in a subdivision subject to various covenants and restrictions regarding the operation of the golf course, the plaintiffs, Erik and Athina Tenczar, sued the golf course, Indian Pond Country Club, Inc. (Indian Pond), in trespass when their home was hit by errant golf balls. The jury awarded...

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