房子对着Golf Course可要小心呐



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送交者: dmw 于 2005-7-02, 08:25:56:

回答: Skipper有没有在米国买过房子啊? 由 老中一号 于 2005-7-01, 19:12:14:

From The Toronto Star:

Golf club pulls down fence
Order to protect house prompted 7-metre barrier
But move seems like `cruel joke,' judge agrees


PETER SMALL
STAFF REPORTER

An Etobicoke couple has won another skirmish in its ongoing battle with Islington Golf Club over errant balls that smash into their house.

The club, under a judge's order, yesterday began dismantling a 7-metre-high chain-link fence it had erected along the street in front of Charles and Pauline Sammut's home.

The private club built the fence after Justice Elizabeth Stewart awarded the couple $14,000 in damages last Tuesday and gave it two weeks to stop golf balls from hitting their million-dollar Fairway Rd. property.

Erecting the high fence "smacks of gamesmanship," Stewart said in her latest decision, released yesterday.

"It is difficult to criticize the Sammuts for perceiving this action, carried out with virtually no notice to them or their counsel, as a cruel joke," Stewart said as she granted the couple's motion to have the fence removed.

But David DeSaverio, the club's general manager, said the judge's comments were surprising and seemed unfair. "Do you think we sit and say that we're going to do a cruel joke on a neighbour?" he asked.

The club had only two weeks to come up with a solution to block the balls along its third fairway, and the fence was the most realistic one available, he said.

Pauline Sammut said it was a relief to have the fence dismantled, calling it a danger to children playing along the road.

"It's ugly. I have no idea why a permit was issued for it," she said as the couple stood in front of their home.

Her husband agreed. "The least they could have done was informed us," he said.The judge ruled yesterday that the fence would restrict the couple's access to the road, create a nuisance and invite further litigation.

For almost six years, the couple complained that 300 golf balls a year damaged their house and made it risky to go outside.

The judge had given the club until next Tuesday to fix the problem.

But yesterday, she extended the deadline to Aug. 15 and ordered the club to review any solutions with the couple before implementing them.

"It is incumbent upon the Sammuts to be correspondingly reasonable in their expectations," she said.

DeSaverio said the club has hired a top golf course architectural firm, Carrick Design, to adjust the third fairway.

The Sammuts's lawyer, John Ritchie, praised the choice of firms. He said he was confident the club and the couple can now work out their problems.

But he and the Sammuts questioned how the club got a permit to build the fence so quickly, and without the couple being informed.

DeSaverio bristled at any suggestion of special treatment. "I don't know any of the people at city hall," he said.

Curtis Sealock, the city's west district manager of municipal licensing and standards, said officials had safety in mind when they gave permission for the fence — which he called a "screen."

The city is not required to inform neighbours when it approves structures on a road allowance, he said.



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