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    <id>tag:www.ctgolfer.com,2009-06-18:/blogs/rob_harris/24</id>
    <updated>2012-05-03T15:50:59Z</updated>
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<entry>
    <title>Golf, Marriage and Courtrooms</title>
    <link rel="alternate" type="text/html" href="http://www.ctgolfer.com/blogs/rob_harris/2012/05/golf-marriage-and-the-courtroom.html" />
    <id>tag:www.ctgolfer.com,2012:/blogs/rob_harris//24.1241</id>

    <published>2012-05-03T15:48:19Z</published>
    <updated>2012-05-03T15:50:59Z</updated>

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        <name>Rob Harris</name>
        
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<p class="MsoNormal">With springtime golf season embracing all of the country,
now seems an appropriate opportunity to remind the truly hard core that too
much golf can be detrimental to a stable home life. Excerpts from two divorce
cases provide a cautionary tale.</p>

<p class="MsoNormal">From Missouri,
we learn about the marriage ending frustrations of Mr. and Mrs. Frank during
the late 1940′s:</p>

<p class="MsoNormal">"Plaintiff liked to play golf and it was his practice to
engage in that sport twice a week during the golfing season. He would play on
Saturday and Sunday afternoons. Defendant objected to plaintiff playing golf,
contending that he should stay home on those occasions. The final separation
resulted from a quarrel with respect to plaintiff's participation in a golf
tournament at St. Joseph, Missouri. He stated that when he was
preparing to leave for this tournament his wife told him: "If you leave here
now, don't ever come back." He further testified that he then advised her, "I
am going to go anyway." He testified: "So I started packing my clothes and as I
packed them in the suit case she would take them and throw them on the floor
and I would put them back in the suit case, and that went on a couple of times
and she picked up a screwdriver, which I had been using for home repairs, which
had been lying out in the open, and she picked it up in a menacing manner, as
if to stab me. I dropped my clothes and took it away from her and in the course
of the struggle she bit me on the forearm. * * * Then she turned loose of the
screwdriver. I took it away. As a matter of fact, I took it with me to prevent
her from using it again, and packed my clothes and left. * * * I went out and
spent the night at my mother's, and the next morning I left for St. Joseph." Frank v. Frank,
238 S.W.2d 912 (Mo.
App.1951) </p>

<p class="MsoNormal">However, the Frank residence appears positively tame
compared to the drama of the Ross family in Polk County, Iowa,
in the Roaring '20′s:</p>

<p class="MsoNormal">As Mr. Ross testified about his wife,&nbsp;"she was profane
and abusive toward me, and called me vile names. Her pet name for me was son of
a bitch, which she emphasized occasionally with swear words." He further
testified that "he played golf three or four different times against his wife's
protest, and on one occasion, when he went out to play golf with his brother on
Sunday, when he got home she said, 'God damn you, why don't you stay around
home instead of going out to play golf on Sunday'; that, when he complained
about her not waiting for him when he was late to his meals, and said he did
not like cold food, she said he could eat down town, and swore about it, and
threw a butcher knife at him. He testified that she was crying and mad; that
she was that way most of the time; that one Sunday, when he had gone out to
play golf, and got back about 12 o'clock, she did not want to get any dinner;
said if he could go out and play golf she would be damned if she would work;
and she did not get him any dinner; that he then walked down to the river, and
when he came back she was lying undressed on the kitchen floor, with all of the
gas burner turned on...[and that when it happened again] he said, 'I told her if
she wanted to commit suicide there was no need of blowing up the house.'"&nbsp;Ross
v. Ross, 216 N.W. 22 (Iowa
1927)</p>

<p class="MsoNormal">Everyone, enjoy the wonderful weather, hit 'em straight, and
don't forget your loved ones at home.</p>

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<entry>
    <title>The two sides of discrimination</title>
    <link rel="alternate" type="text/html" href="http://www.ctgolfer.com/blogs/rob_harris/2012/04/the-sometimes-complicated-relationship-between.html" />
    <id>tag:www.ctgolfer.com,2012:/blogs/rob_harris//24.1233</id>

    <published>2012-04-24T15:46:27Z</published>
    <updated>2012-04-28T13:38:50Z</updated>

    <summary>The sometimes complicated relationship between lawful behavior and acceptable conduct is demonstrated by the perennial April discussion about Augusta National&apos;s gender discriminatory membership policy. This discussion has attained a heightened level of interest with IBM&apos;s recent appointment of Ginnie Rometty...</summary>
    <author>
        <name>Rob Harris</name>
        
    </author>
    
    
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        <![CDATA[<p>The sometimes complicated relationship between lawful behavior and 
acceptable conduct is demonstrated by the perennial April discussion 
about Augusta National's gender discriminatory membership policy.  This 
discussion has attained a heightened level of interest with IBM's recent
 appointment of Ginnie Rometty as its Chief Executive Officer. 
</p>
Augusta National traditionally has bestowed honorary membership upon the
 person occupying the office, who, until Ms. Rometty came along, was 
male. Possessing Augusta National membership apparently requires 
possessing XY chromosomes.  
<p>
From a legal standpoint, one would be hard pressed to argue Ms. 
Rometty's membership exclusion is unlawful. Private clubs and 
organizations may limit their memberships on the basis of gender, race, 
religion and other criteria. Indeed, many people would agree that it is 
appropriate for a group of men to share a weekly poker game, for women 
executives to network among themselves, and for Lithuanian-Americans to 
perpetuate their culture. Largely, the public accepts the existence of 
closed memberships when they are viewed as providing opportunities to 
foster positive aspects of member identity.
</p><p>
However, when organizations are viewed as promoting exclusion, public 
perception of their acceptability changes. A country club that largely 
limits its membership to white, Christian males finds it difficult to 
offer as a rationale that its motivation is to beneficially enhance the 
racial, religious or gender identity of its membership.  
</p><p>
While lawful, a private club's discriminatory membership policy may come
 with a price. For example, last December, the Committee on Judicial 
Conduct and Disability of the Judicial Conference of the United States 
sanctioned a federal bankruptcy judge for maintaining membership in a 
private club that denied membership to women and African-Americans. The 
judge was found to have violated the Code of Conduct for federal judges,
 which provides that "a judge should not hold membership in any 
organization that practices invidious discrimination on the basis of 
race, sex, religion or national origin." 
</p><p>
Similarly, golf's governing bodies--including the PGA Tour, the PGA of 
America, the USGA and the LPGA--have policies that prevent them from 
hosting events at clubs with discriminatory membership policies.
</p><p>
Viewed in this context, it is not surprising that Augusta National finds
 its membership policies the target of criticism. By hosting the 
Masters, the club creates a public spectacle without making itself a 
public facility.
</p><p>
Just as the club lives with this conflict, so do those of us who 
partake--some would say enable--by watching, playing, networking and 
marketing the tournament. We enjoy the spectacle, while professing 
discomfort about the club's membership policy.
</p> ]]>
        
    </content>
</entry>

<entry>
    <title>Golf And Sex Discrimination</title>
    <link rel="alternate" type="text/html" href="http://www.ctgolfer.com/blogs/rob_harris/2012/04/golf-and-sex-discrimination.html" />
    <id>tag:www.ctgolfer.com,2012:/blogs/rob_harris//24.1226</id>

    <published>2012-04-16T13:55:39Z</published>
    <updated>2012-04-16T13:57:22Z</updated>

    <summary>Golf Galaxy and a number of the major golf equipment vendors--including Nike, TaylorMade, Acushnet, Callaway, Adams Golf and Bridgestone-have been sued for sex discrimination. The complaint alleges that Golf Galaxy opted to sponsor a Women&apos;s Night event, where, for a...</summary>
    <author>
        <name>Rob Harris</name>
        
    </author>
    
    
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        <![CDATA[<p>Golf Galaxy and a number of the major golf equipment 
vendors--including Nike, TaylorMade, Acushnet, Callaway, Adams Golf and 
Bridgestone-have been sued for sex discrimination.</p>
<p>The complaint<a href="http://www.golfdisputeresolution.com/wp-content/uploads/2012/04/Golf-Galaxy-complaint.pdf" target="_blank"></a>
 alleges that Golf Galaxy opted to sponsor a Women's Night event, where,
 for a two hour period on April 20, the store provided "exclusive offers
 on merchandise, free $10 Golf Galaxy gift cards, fee goodie bags, 
access to on-sitemanufacturer representatives from major golf equipment 
brands, signature Paula Creamer adidasgolf shoe giveaway, chances to win
 a Nike Karma 12-ball pack when demonstrating a golf club, giftcard 
raffles, gifts with purchase, refreshments, 'and chances to win (1) a 
Nike Golf "Head-to-ToePackage' including golf clothing, shoes, and 
balls, (2) a Taylor Made 'Head-to-Toe Package'including golf clothing, 
clubs, bag, and balls, and (3) a set of Adams Golf clubs."</p>
<p>According to the complaint, Golf Galaxy&nbsp;prevented men from shopping 
at the store during this two hour period, unless they were &nbsp;husbands of 
women attending the event.&nbsp;Thus, as the complaint asserts, "female 
millionaires such as Nancy Pelosi or Sarah Palin would have been allowed
 into Golf Galaxy's stores and provided with the gift cards, gifts, 
refreshments, andopportunities to win thousands of dollars worth of 
merchandise, while male consumers, who mayComplaint for Injunctive 
Relief and have recently lost their jobs, would have been denied entry 
in Golf Galaxy."</p>
<p>The lawsuit invokes California's Unruh Act, which prohibits discrimination on the basis of sex or marital status.</p>
<p>The last time we encountered the attorney representing plaintiffs, he had filed <a href="http://www.golfdisputeresolution.com/?p=1105" target="_blank">a similar action</a>
 alleging sex discrimination against Eagle Vines Vineyards &amp; Golf 
Club arising out of slightly discounted greens fees offered to women on 
Ladies Day. That posting generated substantial discussion among readers 
concerning issues of gender equality, and the propriety-regardless of 
the substantive merit of the allegations-of subjecting the golf club to 
litigation. (Parenthetically, the plaintiff in the Eagle Vines lawsuit, 
Steven Frye, is one of the plaintiffs in the new Golf Galaxy lawsuit.)</p>
<p>The Golf Galaxy and Eagle Vines lawsuits present an interesting juxtaposition to the current Augusta National controversy surrounding the membership non-invitation to Ginnie Rometty. Augusta 
National's departure from its established precedent of granting green 
jacket status to the reigning IBM Chief Executive Officer suggests a 
current determination to maintain a gender discriminatory membership 
policy.</p>
<p>From a legal standpoint, judicial decisions--based on constitutional 
principles that guarantee rights of free association--permit private 
clubs to slice and dice their membership rolls pretty much as they 
please. Similarly, various statutes prohibit sex-based discrimination in
 public facilities. Whatever the underlying legal arguments that allow 
for disparate treatment, there is an inescapable irony to the way our 
legal system and society permit the debasing exclusion of women from 
private clubs, while subjecting &nbsp;clubs such as Eagle Vines and retailers
 such as Golf Galaxy to judicial sanction for modest attempts to further
 the interests of women in golf.</p> ]]>
        
    </content>
</entry>

<entry>
    <title>Court Refuses To Close 18th Hole</title>
    <link rel="alternate" type="text/html" href="http://www.ctgolfer.com/blogs/rob_harris/2012/03/court-refuses-to-close-18th-hole.html" />
    <id>tag:www.ctgolfer.com,2012:/blogs/rob_harris//24.1209</id>

    <published>2012-03-30T15:02:44Z</published>
    <updated>2012-03-30T15:04:04Z</updated>

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<p>In 2009 Robert and Katherine Brady purchased a home in Hamilton, Montana.&nbsp;
The home, which was built in 2005, has the good or bad fortune (depending on
whether one aspires to be a seller of used golf balls), to border the 18th hole
of the public Hamilton Golf Club. By their reckoning, the Brady homestead
serves as the landing area for 1300 sliced golf balls per year.</p>

<p>In October 2011, Attorney Alex Beal, on behalf of Mr. and Mrs. Brady, sent
an impassioned letter to the Hamilton Golf Course Board of Directors and the
Board of County Commissioners. Attorney Beal explained that the incoming golf
balls "routinely hit the house and roof, breaking windows, denting and warping
window frames, hitting vehicles in the driveway (to do this they have to clear
the house first), nearly hitting multiple contractors, the Bradys, and their
guests, and generally depriving the Bradys of the use of their property."</p>

<p>Confronting the troublesome fact that Mr. and Mrs. Brady elected to purchase
their home cognizant of its location, Attorney Beal, characterizing the
condition as "potentially lethal," offered a survey of case decisions that
ostensibly supported his argument that remedial steps should be taken.&nbsp;
Suggesting that "there are no viable defenses to your liability," Attorney Beal
stated that, absent satisfactory corrective action, "you should expect to be
served with a&nbsp;complaint seeking to enjoin the use of the 18th hole as well
as for damages." Choosing an interesting metaphor, Attorney Beal concluded with
an admonition that "the ball is now in your court."</p>

<p>When no satisfactory solution was forthcoming, the Bradys and their counsel
followed through with their promise, filing suit. As part of their legal
action, they sought a temporary injunction to shut down or modify the 18th
hole.</p>

<p>The plaintiffs' asserted belief that "there are no viable defenses to
liability" proved not to be shared by the judge. Faced with the fact that the
18th hole had been around for 25 years before the Bradys' home was built,
District Judge James Haynes concluded that concluded that the likelihood that
the Bradys will win the nuisance part of the lawsuit is low, and denied the
request for an injunction..</p>

<p>Judge Haynes observed that Mr. Brady, a former contractor, and Mrs. Brady, a
former real estate agent,&nbsp; should have known to make inquiry about the
status of incoming golf balls. He also observed that the Bradys can reduce the
risk of injury by installing netting screens near the home.</p>

<p>The injunction proceeding was a preliminary matter, so the case will
continue to work toward an ultimate trial. For now, however, those playing at
Hamilton Golf Club will be able to play more than 17 holes. and the Bradys can
defray their legal costs and the installation of netting by selling used golf
balls per year on Ebay.</p>

 ]]>
        
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<entry>
    <title>Walking To The Golf Course</title>
    <link rel="alternate" type="text/html" href="http://www.ctgolfer.com/blogs/rob_harris/2012/03/walking-to-the-golf-course.html" />
    <id>tag:www.ctgolfer.com,2012:/blogs/rob_harris//24.1202</id>

    <published>2012-03-27T00:09:52Z</published>
    <updated>2012-03-27T00:12:58Z</updated>

    <summary>In 1995, the USGA created for its members a Walking Program to promote one of the traditions of the game. As the USGA describes it, &quot;the Program&apos;s message is to encourage Members, who are able, to walk.&quot; Program participants sign...</summary>
    <author>
        <name>Rob Harris</name>
        
    </author>
    
    
    <content type="html" xml:lang="en-us" xml:base="http://www.ctgolfer.com/blogs/rob_harris/">
        <![CDATA[<p>In 1995, the USGA created for its members a Walking Program to promote one of the traditions of the game. As the USGA describes it,
 "the Program's message is to encourage Members, who are able, to walk."
 Program participants sign a declaration that proclaims "whenever given a
 choice, I will always walk."</p>
<p>Golfers at Meadow Creed Golf Club<a href="http://www.meadowcreekgolfclub.com/" target="_blank"></a> in Dracut, Massachusetts may soon qualify for a walking program that exceeds what the USGA envisoned.</p>
<p>Meadow Creek does not own the parking lot that services the club. Rather, it leases the parking lot from Realty Financial Partners, a real estate investment firm located in nearby Wellesley. It seems as though the golf club&nbsp;is several months behind in its rent payments to the landlord. In response, the landlord has installed barriers that block access to the parking lot.</p>
<p>This past week, the club owner, having unsuccessfully attempted to involve town officials in a landlord-tenant manner, sought judicial relief. Last Thursday, a Superior Court judge, after hearing argument, took the matter under advisement.</p>
<p>With Meadow Creek scheduled to open on April 1, the club needs to 
hope for a favorable judicial decision, or a successful negotiation of 
its differences with the landlord.</p>
<p>The USGA Walking Program contemplates golfers driving to the course 
and walking while they play. Conversely, Meadow Creek golfers face the 
prospect of walking to the course and riding while they play. Will they 
qualify as honorary members of the USGA Walking Program? At least they 
should get a special bag tag.</p> ]]>
        
    </content>
</entry>

<entry>
    <title>Today&apos;s Tip: Keep Your Head Down</title>
    <link rel="alternate" type="text/html" href="http://www.ctgolfer.com/blogs/rob_harris/2012/03/todays-tip-keep-your-head-down-1.html" />
    <id>tag:www.ctgolfer.com,2012:/blogs/rob_harris//24.1195</id>

    <published>2012-03-16T20:10:03Z</published>
    <updated>2012-03-16T20:11:00Z</updated>

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<p>The website for Mission Del Lago golf course, owned by the city of San Antonio, describes
the course as "a wonderful layout that all golfers will appreciate. Located
south of San Antonio near Mitchell Lake,
we are proud to offer a full service golf facility at this location. Mission
Del Lago features 18 holes of golf, a large practice green, and a driving
range."</p>

<p>Attorneys for the city might want to consider modifications to the website
description in light of recent events. Not only is the course "near Mitchell Lake," it's also a stone's throw-or a
fired bullet-from the "A Place
to Shoot" shooting range and gun shop.</p>

<p>Not only does the golf course feature the "18 holes of golf, a large
practice green, and a driving range" touted by its website, but it also offers
incoming projectiles from its neighbor to the west. At least that's the allegation
contained in a lawsuit filed by the golf course management company against the
shooting range.</p>

<p>On March 4, Justin Flores was playing the 12th hole at Mission Del Lago
when, according to published reports, "he felt a sudden, burning pain in
his&nbsp;chest." As Flores described it, "I
thought I got hit with a golf ball. I saw a little bit of smoke coming out of
my chest." Upon looking closer, Flores was
confronted with a protruding bullet that had lodged in his sternum. Said Flores, "it kind of freaked me out." What a surprise.</p>

<p>At the time, A Place
to Shoot denied responsibility, suggesting, perhaps, that someone hunting a
feral hog (Augusta,
this is not) may have been the shooter. However, nine days later, it happened
again, as golfers reported a bullet whizzing over their heads.<span style="mso-spacerun:yes">&nbsp; </span>A
  Place to Shoot responded by closing its rifle
range.</p>

<p>While Mission Del Lago may wish to make certain changes to its website
description, we certainly agree with the statement that course features "make
it a unique experience that you won't find anywhere else on the Alamo City Golf
Trail."</p>

 ]]>
        
    </content>
</entry>

<entry>
    <title>Darien offers model on taxation</title>
    <link rel="alternate" type="text/html" href="http://www.ctgolfer.com/blogs/rob_harris/2012/03/golf-course-property-assessments-prove-tricky.html" />
    <id>tag:www.ctgolfer.com,2012:/blogs/rob_harris//24.1185</id>

    <published>2012-03-08T14:00:06Z</published>
    <updated>2012-03-08T21:52:56Z</updated>

    <summary>The town of Darien has taken an interesting approach to the challenges brought by local country clubs to the tax assessments of their golf courses. Rather than subjecting the dispute to the uncertainties of the judicial process, the town has...</summary>
    <author>
        <name>Rob Harris</name>
        
    </author>
    
    
    <content type="html" xml:lang="en-us" xml:base="http://www.ctgolfer.com/blogs/rob_harris/">
        <![CDATA[<p>The town of Darien has taken an interesting approach to 
the challenges brought by local country clubs to the tax assessments of their golf 
courses.</p>
<p>Rather than subjecting the dispute to the uncertainties of the 
judicial process, the town has negotiated agreements for lower property 
valuations, in exchange for agreements by the clubs to preserve the 
courses as open space. Additionally, if the clubs decide to sell the 
property, the town will have a right of first refusal to purchase. The 
obvious benefit for the town is the ability to prevent the golf courses 
from being developed for residential and/or commercial purposes.</p>
<p>The town first entered into such arrangements a year ago with the Country Club of Darien and Wee Burn Country Club.</p>
<p>Recently, the town reached agreement with Woodway Country Club. The agreement resolved a four year lawsuit. The resolution provides for
 a retroactive reduction in assessment of $1.9 million, which translates
 into tax savings for the club. The town also has agreed, going forward,
 to value the property as open space, rather than land subject to 
development. In exchange for these benefits, the club has committed to 
using the land as a golf course or open space for the next thirty years,
 and the town will have a forty year right of first refusal.</p>
<p>Darien's approach to the assessment issue reflects a recognition of 
the impact that recent economic circumstances have had on valuations and
 financial burdens faced by clubs. While accommodating these 
circumstances, the town has taken steps to preserve the community from 
overdevelopment for the ensuing decades.</p>
<p>Other communities and golf courses may wish to consider the Darien 
model as an alternative to legal battles over valuation issues.</p> ]]>
        
    </content>
</entry>

<entry>
    <title>Low handicap damages rep</title>
    <link rel="alternate" type="text/html" href="http://www.ctgolfer.com/blogs/rob_harris/2012/02/lower-handicap-damages-golfers-reputation.html" />
    <id>tag:www.ctgolfer.com,2012:/blogs/rob_harris//24.1181</id>

    <published>2012-02-23T14:21:17Z</published>
    <updated>2012-03-06T20:44:48Z</updated>

    <summary><![CDATA[Those considering involvement with their country club's&nbsp; organizational activities should first touch base with Eddie Murphy. Mr. Murphy, the former handicap secretary at Hermitage Golf Club near Dublin, Ireland, should have some free time, as his 21 day trial recently...]]></summary>
    <author>
        <name>Rob Harris</name>
        
    </author>
    
    
    <content type="html" xml:lang="en-us" xml:base="http://www.ctgolfer.com/blogs/rob_harris/">
        <![CDATA[<p>Those considering involvement with their country club's&nbsp; organizational activities should first touch base with Eddie Murphy<em>. </em>Mr. Murphy, the former handicap secretary at Hermitage Golf Club<a href="http://www.hermitagegolf.ie/" target="_blank"></a> near Dublin, Ireland, should have some free time, as his 21 day trial recently concluded. Mr. Murphy enjoyed this courtroom event along with his co-defendants, Hermitage and the Golfing Union of Ireland. The parties expect a ruling shortly.</p>
<p>Their offense? According to former Hermitage member Thomas Talbot, 
the defendants defamed him and damaged his reputation by, ready for 
this, lowering his handicap.</p>
<p>Unlike the crazies buying equipment and contorting bodies as directed
 by instructional magazines, Mr. Talbot apparently does not aspire to 
lower scores. To the contrary, he claims that, by providing him with a 
7.7 stroke reduction in handicap over five years, the defendants 
effectively were branding him a cheat. The 10 million pounds he seeks as
 damages should go a long way toward restoring his reputation.&nbsp; He could
 also pay for a few golf lessons, and further lower the handicap.</p>
<p>I take personal pleasure that the saga of Mr. Talbot has led me to a kindred spirit in Ireland, Attorney Larry Fenelon<a href="http://www.leman.ie/our-people" target="_blank"></a>. Addressing the costs of this litigation debacle-500,000 pounds to the defendants-Attorney Fenelon observed how clubs would benefit from the inclusion of a mediation and/or 
arbitration provision in their governing documents. According to 
Attorney Fenelon, any club leader</p>
<p><em>"should  check themselves if they are thinking 'this could never 
happen to us'.   It can, it does and it may. The key ingredients are (i)
  an aggrieved  principled person and (ii) a haphazard dispute 
resolution process.  The  prevention is so simple, so quick and so 
utterly cost effective. It's a  no brainer."</em></p>
Meanwhile, we'll stay tuned, anxiously awaiting the court's decision<em>.</em> ]]>
        
    </content>
</entry>

<entry>
    <title>Golfers Entitled To Relief</title>
    <link rel="alternate" type="text/html" href="http://www.ctgolfer.com/blogs/rob_harris/2012/02/golfers-entitled-to-relief.html" />
    <id>tag:www.ctgolfer.com,2012:/blogs/rob_harris//24.1177</id>

    <published>2012-02-16T04:25:06Z</published>
    <updated>2012-02-16T04:28:05Z</updated>

    <summary>575 residential lots surround Forest Branch, Texas&apos; Brookhaven Country Club and its 54 holes. It doesn&apos;t take an advanced license in real estate brokerage to appreciate the correlation between golf course views and property values. Ostensibly with this in mind,...</summary>
    <author>
        <name>Rob Harris</name>
        
    </author>
    
    
    <content type="html" xml:lang="en-us" xml:base="http://www.ctgolfer.com/blogs/rob_harris/">
        <![CDATA[575 residential lots surround Forest Branch, Texas' Brookhaven Country Club<a href="http://www.clubcorp.com/Clubs/Brookhaven-Country-Club" target="_blank"></a>
 and its 54 holes. It doesn't take an advanced license in real estate 
brokerage to appreciate the correlation between golf course views and 
property values.<br /><br />
<p>Ostensibly with this in mind, the Farmers Branch Planning and Zoning 
Commission decided that ordinances designed to preserve the views were 
worthy of municipal attention. Thus, P&amp;Z has proposed two 
ordinances. One would prohibit the location of accessory buildings and garages closer than 15 feet from the Brookhaven property line. The other would require that boundary fences be made of black decorative metal and be 75 percent transparent.&nbsp; With these ordinances enacted, residents-including those adjacent to 
homes with accessory buildings and fences-would have largely unimpeded 
views.</p>
<p>While apparently most of the residents favor these ordinances, the world being what it is, objections have been made.&nbsp; Some, rather than view the proposals as benefiting the residents, see 
them as promoting Brookhaven, at the expense of their property rights. 
One, a tea partier perhaps, proclaimed that "this is too much government
 say over properties."</p>
<p>Another, viewing safety as the major concern, explained that the 
ordinances would lead to&nbsp;"more invasion of golfers retrieving their golf
 balls + home damage...We have had at least 16 instances of damage."&nbsp;, 
including the right to erect a privacy fence. "</p>
<p>And, my favorite, expressing the unspoken sentiment of many, cut to 
the heart of the matter: "Many of the times while we are in the back 
yard we have seen golfers lean up against a tree and use the bathroom, 
that is not a pretty view."</p>
<p>Perhaps if the ordinances were revised to provide that the accessory buildings could include Porta-Johns, all would be in agreement.</p> ]]>
        
    </content>
</entry>

<entry>
    <title>Play Fast, Or Come Armed</title>
    <link rel="alternate" type="text/html" href="http://www.ctgolfer.com/blogs/rob_harris/2012/02/play-fast-or-come-armed.html" />
    <id>tag:www.ctgolfer.com,2012:/blogs/rob_harris//24.1172</id>

    <published>2012-02-10T15:06:34Z</published>
    <updated>2012-02-10T15:07:34Z</updated>

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<p>Ordinarily, I would avoid commenting about the personal misfortune suffered
by a golfer who was impaled by the shaft of a broken club, especially when the man's
femoral artery was ruptured. However, reports are that the man is out of the
hospital and recuperating, presenting an opportunity to drive home a point of
golf etiquette.</p>

<p>Point of Etiquette: Slower players should let faster players play through.</p>

<p>Ancillary point: Violations do not warrant physical assault.</p>

<p>To be fair, the events that occurred at Fort Worth's
Resort on Eagle Mountain Lake
remain murky. A spokesman for the Sheriff's Department stated that two groups
of golfers converged on the 13th tee. The second group (a threesome) asked the
first group (a foursome) if they could play through. Presumably, the answer was
"no" (or something to that effect), because a fight broke out, a club was
broken, and-according to the spokesman- "the shaft end of the golf club became
impaled into the groin area of one of the men." Ouch.</p>

<p>Before firing up the judicial machinery, however, please note that the cause
of the injury remains under investigation. Apparently, the person calling 911
for assistance stated that the man had fallen onto the club. I wonder if the
caller was a member of the foursome or the threesome????</p>

<p>The incident reminds me of a legal case I once read about. The North
Carolina Supreme Court's decision in <span style="mso-spacerun:yes">&nbsp;</span><em>Everett
v. Goodwin</em>, 201 N.C. 734 (1931) describes what happened: </p>

<p><em>"The plaintiff and his companion [Mr. Elkins], playing what is called a
twosome, began their game, and, before they had proceeded very far, the
defendant Goodwin, with two companions came upon the course and began playing a
threesome behind the plaintiff. </em></p>

<p><em>Plaintiff testified as follows: "As we were starting on the fifth hole I
drove, and Mr. Elkins then drove, and I got a bad drive on my first ball, which
did not go any further than from here to the door back there, and I went out
and was preparing to drive again and as I did I looked around and Mr. Goodwin
was getting ready to drive his ball off and was swinging, and I hollered, 'Look
out, don't drive this way,' and as he drove, the ball went over my head and he
hollered and said, 'Get out of the way." </em></p>

<p><em>Plaintiff further testified that the defendant and his companions were
driving balls in and about him and his companion from the fifth hole up to the
fourteenth. The occurrence at the fourteenth hole is narrated by the plaintiff
as follows: "They were right there on the tee with us when we finished, and as
soon as we would put our ball down and drive off before we had gone more than
fifty feet they would have their ball down starting to drive it without any
warning whatsoever. In fact, they were so close to us that we did not walk down
the middle of the fairway for fear they would hit us. They would drive just
immediately after we drove our ball. </em></p>

<p><em>As we reached the sixteenth tee and Mr. Elkins made his drive, and I
made my drive, as I stepped off, a couple of them, I do not know just which it
was that had the ball already teed up ready to swat it, I walked over the edge
of the fairway in the rough and I had not gone more than fifteen feet when they
had driven their ball and Mr. Goodwin put his ball up to drive and he was
drawing back to hit it, and I made the remark, "You are liable to hit me.' I
made it loud enough for all to hear. I said, "Better get out of the way, he is
liable to hit us,' and I got off the fairway on the edge of the rough, and when
I did he drove the ball and the ball hit me on this knee-cap and as it hit me
on the knee it knocked me off both feet on the ground and I immediately got up
as quick as I could and I said, 'I believe it broke my leg.' Mr. Goodwin walked
down there and said he didn't think it was broken and didn't think it was hurt
much."</em></p>

<p>Confronted with these less than favorable facts, the defendant made the
rather ingenious argument that he was not hitting into a twosome because the
two groups had merged into a fivesome and therefore the rules of engagement
were different, as accidents among groups sometimes happen. The jury, however,
didn't buy the argument and the Supreme Court refused to second guess the jury.
However, the court could not resist one final salvo:</p>

<p><em>Defendant testified that the parties merged into a five-some from the
fifth to the sixteenth hole, and between these said holes the game proceeded
"strictly according to honors." This is explained to mean that "the man who
makes the lowest score is the man who has the honor of making the first play at
the next hole." It does not appear who the "honor" man was at the sixteenth
hole, but it is clear that the plaintiff had the "honor" of having his knee cap
broken by a ball driven by the defendant, and it is obvious that thereafter all
"honors" ceased.</em></p>

 ]]>
        
    </content>
</entry>

<entry>
    <title>Phil hunts down scoundrels</title>
    <link rel="alternate" type="text/html" href="http://www.ctgolfer.com/blogs/rob_harris/2012/02/mickelson-hunts-down-scoundrels.html" />
    <id>tag:www.ctgolfer.com,2012:/blogs/rob_harris//24.1169</id>

    <published>2012-02-03T20:26:31Z</published>
    <updated>2012-02-07T15:44:22Z</updated>

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<p>I suspect most everyone by now has seen or heard the reports that Phil
Mickelson is in hot pursuit of one or two anonymous internet posters who made
scurrilous comments about him and his wife.</p>

<p>The legal proceedings Mickelson has commenced are informative in a couple of
respects. On a general level, they show how the internet, with its decentralization
and widespread dissemination of information, and the legal protection provided
to the internet service providers, creates practical problems for someone
claiming to have been defamed. In the dark ages, if a newspaper were to have
published the Mickelson claims by the pseudonymous &nbsp;"Fogroller" and
"Longtitude" [sic], Mickelson could bring suit against the paper, end of story.
Now, however, the victim must get to the original authors of the comments, and
needs to commence legal action simply to identify and locate&nbsp;them.</p>

<p>The second area of interest is why Mickelson so vigorously is pursuing the
authors. Perhaps it's no more complicated than he is rightfully angry and wants
to create a lifetime of misery for "Fogroller" and "Longtitude". Or perhaps
there is the sense that, especially with the Tiger saga, the failure to respond
will lead some to believe what was said.</p>

<p>If the goal, once the culprits are identified, is to file a defamation suit,
Mickelson places himself on tricky ground. Since a defamation action seeks
damages for harm to reputation, &nbsp;one's entire life-which is the basis for
one's reputation-can become an open book during the discovery process. Even if
there are no skeletons lurking, I find it hard to believe that Mickelson will
want to subject himself to the prying of a lawyer who will be delighted to take
on the defense of Fogroller and Longtitude for no compensation. So, my
prediction is that, once Mickelson unmasks Fogroller and Longtitude, the world
will move on and no defamation suit will be filed.</p>

 ]]>
        
    </content>
</entry>

<entry>
    <title>Public Demonstration Blocks Golf Course Conversion</title>
    <link rel="alternate" type="text/html" href="http://www.ctgolfer.com/blogs/rob_harris/2012/01/public-demonstration-blocks-golf-course-conversion.html" />
    <id>tag:www.ctgolfer.com,2012:/blogs/rob_harris//24.1163</id>

    <published>2012-01-30T13:26:28Z</published>
    <updated>2012-01-30T13:31:53Z</updated>

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<p>You know you're in trouble when, five minutes prior to your scheduled
presentation at the PGA Merchandise Show, the public address system announces that the
fashion show is about to begin. I can't fathom why that would be more of a grab
than the scintillating topic of "Avoiding the Litigation Time Bomb," but, for
some misguided souls, it apparently was.&nbsp; Sigh....</p>

<p>On the other hand, crowds very much were in evidence this past Thursday at the&nbsp;Palm Beach County Governmental
 Center. By 8:30 a.m., the
building was overflowing with retirees from Century Village<a href="http://www.centuryvillage.com/" target="_blank"><span style="color:windowtext;
text-decoration:none;text-underline:none"></span></a> present in
a show of force to demonstrate their opposition to a plan to convert a currently
unused golf course into a proposed&nbsp;town-center development of retail
shops, office space and 689 homes.</p>

<p>At a December zoning hearing, 466 residents submitted comment cards
requesting an opportunity to speak, with 433 of the cards indicating opposition
to the project. By the time of last week's hearing, county commissioners
had&nbsp;received 2,046 post cards voicing opposition, dramatically
overshadowing 301 cards presented by the developers in support of the project.</p>

<p><a href="http://www.palmbeachpost.com/news/palm-beach-county-commissioners-table-golf-course-debate-2126998.html" target="_blank"><span style="color:windowtext;text-decoration:none;text-underline:
none"></span></a>Observers described Thursday's event as raucous:</p>

<p><em>"The commission chambers is at its 150-person capacity, another 400-plus
people are in rooms watching video feeds, while others are listening to audio
without video. Members of the crowd are perched on any available seat or table
top.</em></p>

<p><em>Every so often, the crowd let out a loud 'whoop!' or waved their fists
in the air in response to comments by speakers."</em></p>

<p>In the face of the overwhelming opposition, the commissioners tabled the
proposal until October, in order to give the developers an opportunity to find
an acceptable compromise with residents.</p><p>If that doesn't work, the developers perhaps should consider scheduling a competing fashion show at the date and time of the next public meeting.<span style="font-size:12.0pt;font-family:&quot;Times New Roman&quot;;mso-fareast-font-family:
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mso-bidi-language:AR-SA"></span></p>]]>
        
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<entry>
    <title>Town Trusts Trump To Trim Trees</title>
    <link rel="alternate" type="text/html" href="http://www.ctgolfer.com/blogs/rob_harris/2012/01/town-trusts-trump-to-trim-trees.html" />
    <id>tag:www.ctgolfer.com,2012:/blogs/rob_harris//24.1162</id>

    <published>2012-01-22T05:02:21Z</published>
    <updated>2012-01-22T05:23:30Z</updated>

    <summary>The images I have seen of Trump National Golf Club in Palos Verdes, California are spectacular. Especially on a snowy Connecticut Saturday, the oceanfront Pete Dye design looks magnificent.As with many things Trump-related, however, conflict is not far away. In...</summary>
    <author>
        <name>Rob Harris</name>
        
    </author>
    
    
    <content type="html" xml:lang="en-us" xml:base="http://www.ctgolfer.com/blogs/rob_harris/">
        <![CDATA[<p style="margin-bottom: 1em; line-height: 1.4; color: rgb(64, 64, 64); font-family: Georgia, 'Times New Roman', 'Bitstream Charter', Times, serif; font-size: 13px; ">The images I have seen of Trump National Golf Club in Palos Verdes, California are spectacular. Especially on a snowy Connecticut Saturday, the oceanfront Pete Dye design looks magnificent.</p><p style="margin-bottom: 1em; line-height: 1.4; color: rgb(64, 64, 64); font-family: Georgia, 'Times New Roman', 'Bitstream Charter', Times, serif; font-size: 13px; ">As with many things Trump-related, however, conflict is not far away. In the case of Palos Verdes, the Trump organization has been engaged in a five year struggle to plant a row of tall evergreen trees along the side of the club's driving range.Neighborhood resistance has focused on concerns about the potential obstruction of ocean views.</p><p style="margin-bottom: 1em; line-height: 1.4; color: rgb(64, 64, 64); font-family: Georgia, 'Times New Roman', 'Bitstream Charter', Times, serif; font-size: 13px; ">The landscaping approval may have been complicated by a history of controversy between the club and the city. &nbsp;A number of years ago, the Trump organization balked at removing trees that, with approval, had been temporarily placed at the end of the driving range during a televised golf tournament. When the city took steps to remove the trees--which were obstructing neighbor's ocean vies--Mr. Trump called the neighbors' homes "horrendous" while characterizing the 12- to 14-foot trees as "very small bushes."</p><p style="margin-bottom: 1em; line-height: 1.4; color: rgb(64, 64, 64); font-family: Georgia, 'Times New Roman', 'Bitstream Charter', Times, serif; font-size: 13px; "><span style="line-height: 1.4; ">More recently, Trump subsidiaries instituted litigation against the city over its refusal to permit the construction of luxury homes along the golf course.</span></p><p style="margin-bottom: 1em; line-height: 1.4; color: rgb(64, 64, 64); font-family: Georgia, 'Times New Roman', 'Bitstream Charter', Times, serif; font-size: 13px; ">Trump and the city are not letting these differences color the new landscaping request. The Trump organization has obtained city council approval, subject to restrictions that impose a height limitation on the trees. The club will be required to keep the trees trimmed at the mandated height. Don't expect to see Donald on a stepladder with pruning shears.</p><p style="margin-bottom: 1em; line-height: 1.4; color: rgb(64, 64, 64); font-family: Georgia, 'Times New Roman', 'Bitstream Charter', Times, serif; font-size: 13px; "><br /></p> ]]>
        
    </content>
</entry>

<entry>
    <title>Taxpayers spring for TaylorMades</title>
    <link rel="alternate" type="text/html" href="http://www.ctgolfer.com/blogs/rob_harris/2012/01/politician-makes-prudent-investment-by-purchasing-golf-clubs-with-public-money.html" />
    <id>tag:www.ctgolfer.com,2012:/blogs/rob_harris//24.1158</id>

    <published>2012-01-13T21:01:30Z</published>
    <updated>2012-01-14T14:39:08Z</updated>

    <summary>I recently saw an article entitled &#8220;99 Stupid Things The [Canadian] Government Spent Your Money On.&#8221; Checking in at No. 74 &#8212; two spots ahead of the Toronto city councillor who charged taxpayers $300 to have his office blessed by...</summary>
    <author>
        <name>Rob Harris</name>
        
    </author>
    
    
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        <![CDATA[<div>I recently saw an article entitled &#8220;99 Stupid Things The [Canadian] Government Spent Your Money On.&#8221; Checking in at No. 74 &#8212; two spots ahead of the Toronto city councillor who charged taxpayers $300 to have his office blessed by a Baptist pastor &#8212; was an item called &#8220;Golf gaffe.&#8221;</div><div><br /></div><div>The item explained that Carmine Perrelli, an elected official from Richmond Hill, Ontario, submitted a $1,200 charge on his expense account for new golf clubs, shoes and a bag. According to the item, Mr. Perrelli rationalized the expenditure by stating &#8220;that said he gets invited to a lot of charity tournaments and that by getting taxpayers to buy him new equipment, he actually saved them money on rentals. He also said the gear remains the property of the city. Who wouldn&#8217;t want a pair of old golf shoes?</div><div><br /></div><div>Entertaining enough. But the story gets better. Apparently Mr. Perrelli&#8217;s sport of choice is not golf but shooting handguns. As for the economics, Mr. Perrelli was paying $25-$45 for rentals for each outing, and, figuring he would be re-elected, the purchase made sense.</div><div><br /></div><div>So, non-golfer Perelli picked up a set of TaylorMade Burner irons, together with &#8220;all the drivers&#8221; to round out the set. When told he could have acquired a soup-to-nuts set of Dunlops for $200, Perrelli expressed surprise. &#8220;You can&#8217;t buy a set of clubs for $200. Whatever &#8230; these (TaylorMade) are good clubs that will last, again, saving taxpayers money.&#8221;</div><div><br /></div><div>And, then, it happened. Non-golfer Perrelli, using his new clubs as a public representative at the Alzheimer Society of York Region golf classic, made a hole-in-one, thereby winning a two-year lease from a Toronto Lexus dealership. the cash value of the price was $18,000, which Mr. Perrelli graciously donated to the York Central Hospital Foundation.</div><div><br /></div><div>While smarter minds than I can perhaps divine an overarching life lesson from the story, I can do no better than a few takeaways:</div><div><br /></div><div><ul><li>When choosing candidates to include in a story about 99 wasteful government spenders, don&#8217;t pick one whose hobby is shooting handguns.</li><li>If a politician, always speak optimistically about re-election, as it enables you to minimize the per annum cost of questionable expenditures on the public dime.</li><li>If given the opportunity, always purchase TaylorMade instead of Dunlop.</li><li>The randomness of the universe is confirmed by those who (don&#8217;t) make holes-in-one.</li></ul></div>
]]>
        

    </content>
</entry>

<entry>
    <title>Who owns the moon club?</title>
    <link rel="alternate" type="text/html" href="http://www.ctgolfer.com/blogs/rob_harris/2012/01/who-owns-the-moon-club.html" />
    <id>tag:www.ctgolfer.com,2012:/blogs/rob_harris//24.1157</id>

    <published>2012-01-10T21:21:44Z</published>
    <updated>2012-01-11T13:00:11Z</updated>

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<p class="MsoNormal">Next month will mark the 40th anniversary of the most
famous 6 iron shot ever struck. On Feb. 6, 1972, conditions were dry and windless when Alan
Shepard, forced to swing one handed because of a bulky space suit, made
imperfect, though legendary, contact on the lunar surface.<span style="mso-spacerun:yes">&nbsp;</span>He actually struck two shots, shanking the
first (never happened to me) and then hitting the second one a couple hundred
yards in the reduced gravity. <br /></p>

<p class="MsoNormal">NASA and lunar memorabilia are in the news for legal reasons
this week. In November, a company called Heritage Auctions sold for $388,000
the checklist used by astronaut James Lovell during the Apollo 13 flight he
commanded. The checklist included the handwritten calculations made by Lovell
to guide the damaged ship back to Earth following the onboard explosion that
occurred while en route to the moon. <br /></p>

<p class="MsoNormal">After getting wind of the auction, NASA -- as it has done in
other instances -- questioned whether Lovell or NASA had lawful title to the
checklist. Pending the results of an investigation, the checklist is being held
in Heritage's vault. <br /></p>

<p class="MsoNormal">This news about the Apollo 13 checklist made me think about
Alan Shepard. While the golf balls remained on the moon, the club made the
journey back to Earth.<span style="mso-spacerun:yes">&nbsp;</span>Several years
later, Shepard donated the club to the United States Golf Association where it
is displayed in the Arnold Palmer Center
for Golf History at the USGA Museum in Far
  Hills, NJ.<span style="mso-spacerun:yes">&nbsp;</span>Cognizant of the value of the club, the USGA
had it appraised for insurance purposes in 2007. <br /></p>

<p class="MsoNormal">So, in light of the questions emerging about the Apollo 13
checklist, who has lawful rights to the club? <br /></p>

<p class="MsoNormal">Unlike other lunar memorabilia, the 6 iron appears not to
be entirely government issue. Keeping his plans secret from all but a handful,
Shepard had a golf professional take a 6 iron club head and design a fitting
that would enable Shepard to position the clubhead on a retractable instrument
that was to be used on the lunar expedition. As Shepard recounted, in defense
of his plan, "I'm going to pay for the golf balls, I'm going to pay for the
clubhead, and there will be no expense to the taxpayer." <br /></p>

<p class="MsoNormal">In 1996, long before the current issues arose,<span style="mso-spacerun:yes">&nbsp;</span>Shepard told the following story about the
club:<span style="mso-spacerun:yes">&nbsp;&nbsp; </span>"The Smithsonian said they were
building a new exhibit in the Air and Space Museum
and wanted to use my golf club. I said I was sorry, but I don't have it. I gave
it away. There was silence at the other end of the line before they asked
where. I said it went to the USGA where it ought to be. They said, 'Don't you
know that it flew in a government spacecraft and it automatically becomes the
property of the Smithsonian?' '" <br /></p>

<p class="MsoNormal">At the time, the Smithsonian was placated with receiving a
replica of the club. Let's see if things change. In the meantime, memorabilia
hunters, I know where you can find two golf balls worth a hefty chunk of change.</p>

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