Couple take golf club to court over balls `threat'

A Kerry doctor and his wife, who claim they cannot enjoy their garden because they are in danger of being "clocked" by golf balls…

A Kerry doctor and his wife, who claim they cannot enjoy their garden because they are in danger of being "clocked" by golf balls, have taken High Court proceedings against Ballyheigue Castle Golf Club.

Dr Sean Quill and his wife, Anne, of Castlelawn, Ballyheigue, have also sued a neighbour, Mr Daniel Mulvihill.

They allege Mr Mulvihill allowed users of the golf club to gain access to the course over an alleged private road.

In court yesterday, Mr Gerard Tynan SC, for the Quills, said the problem for his clients was caused as a result of the green on the second hole being constructed too close to their home. He said the club could solve the problem by moving the second green to another location, by erecting bollards and cutting off access to the club along the private road.

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The Quills are seeking an injunction requiring the golf club to "abate the nuisance". They are also claiming damages.

In its defence, the club denies the Quills' claims while Mr Mulvihill denies he wrongfully permitted the club to use the disputed roadway.

Mr Tynan told Mr Justice O'Higgins it was a matter for the club as to how it abated the nuisance.

Since 1994, the Quills had been curtailed in the use of their garden and were constantly afraid of being "clocked".

There had also been minor damage to property.

The hearing continues today.