Hellman

Hellman v. La Cumbre Golf & Country Club

Good Law
1992 Cal. App. LEXIS 652·6 Cal. App. 4th 1224·8 Cal. Rptr. 2d 293·92 Daily Journal DAR 7045·92 Cal. Daily Op. Serv. 4479
Court of Appeal of CaliforniaMay 26, 1992B055857California2,257 words

Opinion

Opinion

Stone, J.

Anita Hellman and M. Stanley Goldberg appeal from a judgment in favor of respondent La Cumbre Golf and Country Club against appellants on their cause of action for damages and injunction for nuisance. They contend: (1) the evidence is insufficient to sustain the finding that the rate of golf balls landing on their property has been the same since 1957; (2) failure to issue a proper statement of decision is reversible error per se; (3) the doctrine of coming to a nuisance is no longer viable; (4) the statute of limitations is inapplicable to a continuing nuisance; and (5) they met their burden of proof in showing existence of a nuisance. We affirm the judgment.

Facts

Appellants own a home adjacent to the 10th fairway of La Cumbre Golf and Country Club in the Hope Ranch area of Santa Barbara. The club has been in operation since 1957. Appellants’ home was built in 1970 and they visited the house on three occasions before purchasing the property in August 1985. On one visit, Mr. Goldberg discovered a golf ball in the gutter but the seller said golf balls did not pose a problem. On another occasion, Mr. Goldberg walked from the 10th tee down the 10th fairway to pace the…

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