Overview
A U.S. Golf-Hating Town WANTED TO ERECT A SINGLE WIND TURBINE ADJACENT TO A GOLF FACILITY.
The Golf Facility objected, claiming that the Wind Turbine would CREATE UNACCEPTABLE NOISE LEVELS, would OBSTRUCT VIEWS.
The Wind Turbine’s AESTHETICS AND NOISE would NEGATIVELY AFFECT GOLF PLAY, and thus, would VIOLATE THE BASIC TENET OF THE LEASE AGREEMENT with the town for the operation of a professional level golf course.
In November 2012, an ARBITRATOR issued a decision that RULED IN FAVOR OF the Golf Facility.
Accordingly, the ARBITRATOR decreed that the Wind Turbine WILL BE PROHIBITED FROM OPERATING DURING TIMES THE COURSE IS OPEN FOR PLAY ―
During the golf season ( from April 1 through November 15 ), the Wind Turbine CAN OPERATE ONLY AT NIGHT.
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Battle Between
Golf Facility and
Wind Turbines
November 19th, 2012, & February 7th, 2013
Golf Dispute Resolution Web-Site
Re : Town Of Milton, Massachusetts
Selected And Adapted Excerpts
Battle Between Golf Facility & Wind Turbines
Quiet, Please ― Arbitration Battle
November 19th, 2012
Milton is a town in the State of Massachusetts, United States and part of the Greater Boston Area, with a population of 27,000.
Milton is the birthplace of former U.S. President George H. W. Bush.
There has been a BREWING STORM between Granite Links Golf Club and the Golf-Hating Town of Milton, Massachusetts.
The Town of Milton WANTED TO ERECT A SINGLE WIND TURBINE ADJACENT TO GRANITE LINKS GOLF CLUB.
Earlier, a court had just denied the Granite Links Golf Club request for an injunction to prevent the construction of the Wind Turbine.
Granite Links Golf Club’s view was that …
● The Wind Turbine would OBSTRUCT VIEWS.
● The Wind Turbine would CREATE UNACCEPTABLE NOISE LEVELS.
● The Wind Turbine would DESTROY the Golf Facility, with the NOISE constituting AN IMPEDIMENT TO A PROFESSIONAL GOLF COURSE.
In the words of the architect who designed the golf course ―
[ Wind Turbines ] present acute and unacceptable visual, vibration and sound distractions, which will destroy the exquisite playability and unique ambiance.
The judge, noting that Granite Links Golf Club leased the land from the Town of Milton, noted that the lease contained an ARBITRATION provision, and sent the parties off to resolve their dispute before an ARBITRATOR.
In November 2012, the ARBITRATOR issued a decision in which he RULED IN FAVOR OF Granite Links Golf Club.
The ARBITRATOR held that, if the Town of Milton proceeded to erect the Wind Turbine, IT WILL BE PROHIBITED FROM OPERATING DURING TIMES THE COURSE IS OPEN FOR PLAY.
According to the Attorney representing Granite Links Golf Club ―
[ The arbitrator affirmed ] expert opinions that spinning turbine blades and related noise would NEGATIVELY AFFECT GOLF PLAY, and thus, would VIOLATE THE BASIC TENET OF THE LEASE AGREEMENT [ … ] for its operation of a professional level golf course.
It should come as no surprise that the Attorney representing the Golf-Hating Town of Milton, although UNSUCCESSFUL IN THE ARBITRATION, took a different view, ALLEGING that …
[ … ] the noise and shadow effect from airplane traffic is far worse than any noise or flicker that would come from one Wind Turbine. [ ?!?! ]
Battle Between Golf Facility & Wind Turbines
Golf Course Successfully Fights City Hall
February 7th, 2013
The Golf Dispute Resolution Web-Site previously reported on the ARBITRATION BATTLE taking place between the Golf-Hating Town of Milton, Massachusetts, and the owner of Granite Links Golf Course, which is located on land leased from the Town.
The Golf-Hating Town of Milton had plans to erect a Wind Turbine on municipal property adjacent to the golf course.
Granite Links Golf Club OBJECTED, claiming that the Wind Turbine’s aesthetics and noise would violate the terms of the lease.
In November 2012, word spread that the ARBITRATOR ― retired Judge Gordon Doerfer ― had issued a draft RULING that found IN FAVOR OF Granite Links Golf Course.
The RULING constituted A VICTORY FOR THE FORCES OF GOLF over Enviro-Lunatic Golf-Hating Municipally-Sponsored Energy Alternatives.
Judge Doerfer ruled that the WIND TURBINE’S NOISE CONSTITUTES AN IMPEDIMENT TO A PROFESSIONAL GOLF COURSE ―
I am satisfied by a fair preponderance of the evidence that THE OPERATION OF THE WIND TURBINE WOULD PRESENT A SIGNIFICANT DISTRACTION TO THE PLAY OF GOLF on the holes most proximate to it namely 4, 5, 6, and 7.
Judge Doerfer concluded …
[ … ] that the distraction presented by [ … ] aircraft is not comparable to the distraction that would be presented by the sound and motion of the Wind Turbine blades when in operation.
Accordingly, Judge Doerfer decreed that ―
During the golf season ( from April 1 through November 15 ), the Wind Turbine CAN OPERATE ONLY AT NIGHT.
Sleepers, beware.
However, the Golf-Hating Town of Milton should be grateful that David Owen ― who believed that GOLF HAS NO OFF-SEASON ― did not testify.
Milton Town Officials became concerned that the limitation WILL BE ECONOMICALLY TOUGH TO OPERATE THE WIND TURBINE.
As for the arbitration, Jeffrey Tocchio, the Attorney representing Granite Links Golf Course, advised that witnesses for his client included a PGA Professional, a member of the American Society of Golf Course Architects, and a sports psychologist.
Granite Links Golf Course also submitted a video of someone playing a potentially affected hole, and computer graphics experts inserted a simulation of the proposed Wind Turbine ( spinning at exact rpm ) in exact scale.
About Golf Dispute Resolution Web-Site
Golf Dispute Resolution Web-Site ― Tracking the Intersection of Golf and Law.
Golf Dispute Resolution is a Web-Site operated by an attorney who advises clients on how to avoid and resolve business disputes.
The attorney also frequently serves as a mediator and arbitrator, and enjoys the game of golf.
Golf Dispute Resolution Web-Site demonstrates that there is no shortage of interesting, sometimes humorous and occasionally outright quirky legal disputes that have a golf connection.
The required disclaimers ― Golf Dispute Resolution Web-Site, which may constitute Attorney Advertising in some jurisdictions, is for informational purposes only, and does not constitute legal advice.
The information on the Golf Dispute Resolution Web-Site shall not serve to create an attorney-client relationship or to contractually obligate the attorney or his employer.
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NORAHG is the National Organization Responding Against HUJE that seek to harm the Green space industry.
Communities and businesses are being HARMED and DESTROYED by PROHIBITIONS pest control products used in the Urban Landscape.
NORAHG morally represents the VAST SILENT MAJORITY of people associated with turf and ornamental plant maintenance who are OPPOSED to Anti Pesticide PROHIBITION and the CLOSURE or ABANDONMENT of green spaces under the RIDICULOUS PRETEXT of somehow « saving » the environment.
NORAHG is a NATIONAL NON PROFIT NON PARTISAN organization that does not accept money from corporations or governments or trade associations, and represents NO VESTED INTERESTS WHATSOEVER.
NORAHG is dedicated to reporting the work of RESPECTED and HIGHLY RATED EXPERTS who promote ENVIRONMENTAL REALISM and PESTICIDE TRUTHS.
NORAHG pledges to deliver comprehensive reports that are worthy of peoples’ time and of peoples’ concern, reports that might ordinarily never have breached the parapet.
NORAHG was the brainchild of William H. Gathercole and his colleagues in 1991. Mr. Gathercole is now retired, although his name continues to appear as founder.
For the original copy of this Force Of Nature Report, go to the following link …
Here are web-pages concerning the GOLF INDUSTRY …
GOLF INDUSTRY – GO BROWN – ANTI-COSMETIC GOLF MAINTENANCE – WHO WANTS TO PLAY GOLF ON #@!!% BROWN GARBAGE DUMPS ?!?! ( Web-Page )
GOLF INDUSTRY – GOLF DESTRUCTION – GOLF IS NEXT – CRITICAL ISSUES FOR THE SURVIVAL OF THE GOLF INDUSTRY ( Web-Page )
GOLF INDUSTRY – FAILURE OF WESTERN CANADA TURFGRASS ASSOCIATION ( Web-Page )
GOLF INDUSTRY – SHARP PARK GOLF COURSE ( USA ) – ENVIRONMENTAL TERROR UNDER THE PRETEXT OF PROTECTING OBSCURE AND INSIGNIFICANT SPECIES ( Web-Page )
GOLF INDUSTRY – THE GOLF INDUSTRY COLLISION COURSE – DEMISE IS IMMINENT ( Web-Page )
GOLF INDUSTRY – THE LOOMING GOLF INDUSTRY SHIPWRECK – NO LONGER A HOPEFUL FUTURE ( Web-Page )
GOLF INDUSTRY – LOOMING SHIPWRECK – GOLF USES SIX PER CENT OF ALL PESTICIDES USED IN MANITOBA – 2012 05 23 ( Reports )
GOLF INDUSTRY – BLACKBURN MEADOWS GOLF CLUB – BOGUS ORGANIC PESTICIDE-FREE GOLF COURSE – BANKRUPTCY & RECEIVERSHIP – SALT SPRING ISLAND, BRITISH COLUMBIA – 2010 11 16 ( Report )
NORAHG has archived more information on The Pesticide Truths Web-Site …
THE PESTICIDE TRUTHS WEB-SITE
PESTICIDE BANS ARE A FARCE ( Report )
PAUL TUKEY – THE BIN LADEN OF ENVIRONMENTAL-TERRORISM ( Web-Page )
PAUL TUKEY – IT’S LIKE INVITING HITLER TO A JEWISH FESTIVAL – 2012 12 11 – CARD
PAUL TUKEY – IT’S LIKE INVITING BIN LADEN TO A 9-11 MEMORIAL – 2012 12 04 – CARD
PAUL TUKEY – WCTA MUST GET ITS HEAD OUT OF ITS ANTI-PESTICIDE BUTT – 2012 12 03 – CARD
WESTERN CANADA TURFGRASS LEADERS MUST PULL ITS ANTI-PESTICIDE HEAD OUT OF THEIR BUTTS ( Web-Page )
REAL TRENDS AGAINST PESTICIDE BANS ( Web-Page )
CARNAGE CAUSED BY CATASTROPHIC ANTI-PESTICIDE PROHIBITION – MAIN WEB-PAGE
GOLF DESTRUCTION – GOLF IS NEXT ( Web-Page )
WHITE PAPER – THE MYTHS ABOUT BANNING PESTICIDES ( Part 2 ) – LEADING SCIENTIFIC HEALTH AND POLICY EXPERTS
COMPLAINT CHANNELS – COMPLAIN ABOUT THE ANTI-PESTICIDE LUNATICS ( Web-Page )
THE COMPLETE LIBRARY OF REPORTS & REFERENCES ( Web-Page )
PESTICIDE TRUTHS REPORTS ( Web-Page )
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