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Motions and Appeals

December 3, 2008

DeSarno v. JAM Golf Management

Georgia Court of Appeals upholds order granting summary judgment.

Facts: James and Susan Desarno purchased a lot and built a home immediately adjacent to Hole #9 of the Creekside Golf and Country Club golf course. Their home was situated such that golfers slicing a drive off of Hole #9 might hit their home. Although the Desarnos claimed their house was subject to "bombardment" at the hearing for temporary injunctive relief, they each admitted that Mr. Desarno was an experienced golfer who had built next to the course for the view. Further, they admitted that their home was encumbered with an easement in favor of the golf course, specifically permitting golf balls to come onto the property. This easement also contained an exculpatory clause absolving the golf course of all liability for any golf ball damage.

Alleged injury/damages: Plaintiffs sought an injunction to prevent any use of the golf hole in question. Further, Plaintiffs claimed damage to their home in an unspecified amount likely exceeding $50,000.

Result: Summary Judgment for the Defendants

Court: Superior Court of Paulding County

Appellate Results: Following oral argument at John Marshall Law School between Zach Matthews and Plaintiff counsel, the Court affirmed the order granting summary judgment, citing the easement in favor of the course.

Attorneys: Richie Foster and Zach Matthews for defendants; Robert Grayson for plaintiffs