Quaker Ridge, Litigious Neighbors & Disturbing Precedent

Thanks to readers Gus and Jeff for Mike Dougherty’s story on Quaker Ridge, a world-renowned Tillinghast golf course built in 1918 and now threatened with redesign because a neighboring couple (A) bought a home next to a golf course and were shocked to find that golf balls come in their hard; and (B) the same neighboring couple cut down a tree that helped stop balls from coming into their yard but were able to find an appeals court irrational enough to still side with them.

Best laugh of all: according to Doughtery’s reporting, the Behars “had to join” nearby Old Oaks Country Club “because they couldn’t use their backyard.”

Take that, The Onion!

Before you brush this one off to First World problems on steroids, understand that the plight of Quaker Ridge and other long established and are now losing court cases to entitled folks like the Behars, which could prove disastrous for every golf course near human activity.

From Dougherty's story...

For the better part of nine decades, each towering slice off the second tee fell harmlessly in the woods along the right side of the fairway. When the Village of Scarsdale approved the sale of the land to a developer in 1999, officials from Quaker Ridge moved to secure and record a tree preservation plan. They also lobbied for a larger-than-normal setback, knowing that golf ball incursions might become an issue. The need to adhere to the specific plan on file was attached to the property's deed.

White Plains attorney Julius W. Cohn is representing the Behars. He maintains Quaker Ridge knew Lot 4 — on which the Behars' house sits — would become a resting place for numerous errant golf balls. He says the club should have purchased the property or done more at the outset to warn prospective buyers.

"The place is regularly bombarded," he said, suggesting that his clients had to join Old Oaks Country Club in Purchase because they couldn't use their own backyard.

Now here's the best part...the Behars removed a tree down when they constructed...a pool.

The tree preservation plan secured by Quaker Ridge singled out a pair of mature trees, indicating they were integral to the defense of the neighboring property. One came down in a storm in June 2008, destroying a number of adjacent trees in the fall. The other was removed with approval from the Village of Scarsdale when the Behars constructed a pool.

Quaker Ridge did take immediate steps to mitigate the problem. The club installed the net after the Scarsdale Manor homeowner's association objected to a higher net, and planted a stand of 20 maple trees. The Behars planted a row of spruce trees on their side of the fence.

In the courts, the club prevailed initially, as two justices rejected the plaintiffs' claims on four separate occasions.

However a panel of appelate judges disagreed and reversed the decision June 18th because Quaker Ridge did not reduce the number of balls landing in the Behars backyard. Which was part of a newish development erected next to the nearly 100-year old course. Go figure.