Local

‘Accident waiting to happen’: Neighbors upset with golf driving range next door

Concerns have been raised by homeowners in Huntersville living near Skybrook Golf Club about the increased frequency of errant golf balls following the club’s upgrade to a Toptracer system.

Bernie Conlon says he moved to Skybrook Ridge in Huntersville six years ago. It’s next to Skybrook Golf Club.

“The driving range was here, as you know, and it was kind of a sleepy driving range,” he said.

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But he and his neighbors say -- last year -- Skybrook converted the range to a Toptracer facility: upgraded it, added technology, and attracted a lot more golfers.

“There [is] absolutely no netting. There [are] no barriers that prevent balls going astray,” Conlon said.

“I’ve seen balls hit one of those houses at one time or another,” another neighbor, Doug Stemen, said.

My windshield got broken. I had a glass table outside, outdoor table, got smashed completely," another neighbor, Paul Chouinard, said.

Channel 9 doesn’t know of any person injured, but homeowners worry about it.

“It’s just a dangerous situation because you never know when they’re going to come,” Stemen said.

Conlon called it an “accident waiting to happen.”

“We were there first,” Chouinard said.

“Since they’ve upgraded the facility, the whole landscape has changed,” Conlon said.

Plus, they say the company had asked homeowners to pay more each month to upgrade the club.

“We’ve participated in what they asked us to do. And it’s like, ‘Why didn’t you have some communication with our board? Why didn’t you tell us what’s going on?’” Stemen said.

The company -- Pinnacle Golf Properties -- emailed Action 9 attorney Jason Stoogenke: “We understand that no homeowner wants to experience property damage or the inconvenience of an errant golf ball. We are sympathetic to those concerns. However, it is important to clarify several facts regarding the allegations that have been made.”

“I’m sure that there’s a resolution that can be done to take care and make it safe for the people that live here on the range,” Stemen said.

Stoogenke asked the business if they’d consider putting up nets. He didn’t hear back in time for this report.

He says if you move next to a so-called “nuisance” -- let’s say a landfill or really smelly farm -- you don’t usually have a lot of recourse because of the legal theory called “coming to the nuisance,” which is what it sounds like. That said, if the “nuisance” changes significantly, you may have legal grounds. Think of it as a new nuisance that popped up after you moved there. Stoogenke is not saying these homeowners should sue, but he wants you to know your options.

Pinnacle Golf Properties full statement:

We understand that no homeowner wants to experience property damage or the inconvenience of an errant golf ball. We are sympathetic to those concerns. However, it is important to clarify several facts regarding the allegations that have been made.

1. The driving range remains in the same location it has occupied for approximately 25 years. The addition of Toptracer technology did not relocate the range, change its orientation, alter the elevation of the tee line, or change the location of the teeing area. The covered hitting area was constructed at the exact location of the original teeing ground. In fact, the number of hitting stations was reduced from 23 original stations down to 15 as part of the project.

2. Skybrook remains a traditional golf course and practice facility. Toptracer is a software-based shot-tracking system added to enhance the golfer experience; it is not a Topgolf-style entertainment venue. Toptracer does not increase ball speed, alter launch angle, change ball flight, or otherwise affect the physical characteristics of a golf shot.

3. The golf course and practice facility existed long before the surrounding homes were constructed. In addition, the governing documents applicable to golf course-adjacent properties specifically address the risks associated with living adjacent or in close proximity to the golf course. Item 2, “Risk,” of the Declaration of Restrictions, Covenants and Easements for Golf Course Lots expressly states that property owners acknowledge and assume the risk of errant golf balls, potential property damage, personal injury, golfer access onto property in search of golf balls, and other golf-course-related impacts.

These provisions have been publicly recorded and available to purchasers of affected properties for many years and were established specifically to address the realities of living adjacent to an active golf course and practice facility. The link to these documents may be found here. (Golf Course Lot Restrictions).

Golf participation has increased significantly nationwide since 2020, and Skybrook has also experienced increased use as a result of that trend and the substantial improvements made to the facility since 2019. Skybrook received complaints from property owners adjacent to the driving range before Toptracer technology was introduced. Any increase in reports would be attributable to increased use of the facility and a greater number of golf balls being hit, not to any relocation, reorientation, elevation change, or modification of the teeing area.

The growth in golf participation since 2020 has been well documented throughout the industry. As more people play golf and use practice facilities, golf courses across the country have experienced increased activity levels and, in some cases, increased concerns from neighboring property owners regarding errant golf balls. In our experience managing golf facilities, it is not uncommon for those concerns to be attributed to a perceived operational change when, in reality, the underlying factor is often increased participation and a greater volume of golf shots being hit.

In addition to improvements made to the golf course and practice facility, the club invested approximately $250,000 to construct a dedicated parking lot that substantially reduced on-street parking in the area and improved traffic flow and safety within the community. While not required, this investment was made as part of our ongoing commitment to being a positive contributor to the neighborhood.

Skybrook Golf Club has been an important part of this community for decades, and we take our role as a neighbor and community amenity seriously.

While we are sympathetic to residents who may be frustrated by errant golf balls, we do not agree with the characterization that the addition of Toptracer created a new driving range, relocated the practice facility, or fundamentally changed the nature of the golf operation. Comparisons between Skybrook’s traditional golf practice facility and a purpose-built Topgolf entertainment venue are not accurate. The practice facility remains in its historic location and continues to operate as part of the golf course that has served the community for decades.

Stoogenke reported that the only variance is that the hitting area is now covered, and patrons hit off of mats instead of the grass turf.

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