Beers v. Brown

Defendants own and operate a golf course and driving range on property adjacent to plaintiffs home and property. Plaintiff brought this action for nuisance, trespass, and negligence based on her allegation that golf balls hit from defendants’ driving range were landing on her property and hitting her house. Among other defenses, defendants asserted that they had obtained a prescriptive easement giving them the right to allow golf balls to go onto plaintiffs property. Defendants also filed a counterclaim, seeking to recover the cost of erecting a 70-foot-high fence between the driving range…