Free range farming with golf balls
Wendy and Kenneth Fox have run Silver Rill Corn Ltd., a farm market in the verdant landscape near Victoria BC, for the past 40 years. In 2004, a startling crop of golf balls appeared among the carrots, beets, bean, peppers, peas, broccoli, corn and strawberries. It turned out that a new driving range rezoned into the area’s farmland had just opened and as many as 100 balls a day would cross over the Fox’s property line.
Wendy Fox is now plaintiff in a court case expected to go to trial soon before the BC Supreme Court. When Fox first complained to her new neighbours, Island View Golf, she was ignored. Told by a city engineer that there was no driving range that could guarantee 100% containment, she next went to a Central Saanich Council meeting to ask for their help with the problem, taking with her a dozen supporters carrying 30 boxes of golf balls (10,000 to 12,000 in all). Fox intended to illustrate how much of a containment issue there was.
“The bottom line is that we have a 10-acre farm and we can only live and work on five acres,” Fox said in a telephone interview. “Their fences aren’t working. They’ve never worked. These are band-aid solutions.” The Council sent her to the Land Commission, which had originally rezoned the farm area to allow an A4 designation for the driving range. “Why would they do that without a buffer zone?” she asks.
The commission, in turn, notified Island View Golf, which – to their credit – spent $300,000 putting up poles and erecting new fencing. “At first, 100 balls came over every day and now there are 10 to 25 a day, but when you have people working the farm, even one ball is too many when you have the Workers’ Compensation Board breathing down your neck. I can’t ask workers to risk injuries from falling golf balls.”
In January 2007, Fox returned 12,000 more golf balls she had collected to Island View Golf. Fox, 53, is shouldering most of the farm and legal work because her husband is recovering from a bone marrow transplant, part of his cancer treatment over the last two years. During this same period, she became frustrated with the legal foot-dragging and lawyered up. “It’s hugely expensive to go to court,” she says. “But they (Island View Golf) still haven’t closed the upper tier, and the new posts they put up are less than 100 feet high. When we asked them to fix things, they keep asking for extensions and doing nothing. All we want is our land back.”
On June 15, the Supreme Court ruled in favour of the plaintiffs (Silver Rill) on a charge of contempt against the defendants (Island View Golf) for continuing to allow 81 golf balls to cross the Fox property between June 5, 2006 and June 14, 2006, “launched from the defendant’s golf driving range.” Island View Golf has to pay a $5,000 fine and court costs.
The contempt charge against Island View Golf fuels Fox’s cheerful resolve. “I’m not anti-golf, I like golf. It’s just that I don’t like it right next to me.”
Errant golf balls continue to fly into the Fox’s field from 9 a.m. to 9 p.m. But Fox can no longer enjoy looking across the valley at night or watching the stars, because the driving range lights are on late. She can’t hear the frogs or crickets chirping over the sounds of the ball collecting machines running to midnight. Even if they wanted to sell their property they can’t: the 10 acres resides on agricultural land reserve.
While thousands of hooks and slices fade on her property, an equal number of balls fall onto a farm on the other side of the driving range. That family is waiting to see how the Silver Rill case works out before going to court. “They’re fence sitters,” says Fox.
Meanwhile, the couple wait for the trial date when they must prove that the Island View Driving Range constitutes a danger and inconvenience to the plaintiffs, their employees and others using the plaintiffs’ property. Fox must also prove that errant golf balls allege serious inconvenience and deny the residents of the farm reasonable use and enjoyment of their property.
Billing itself as “Vancouver Island’s No. 1 driving range” on its numerous television spots and its website, Island View Golf [http://www.islandviewgolf.com/index.html ] offers a monthly membership for $59.95, which provides “unlimited range balls.” There is little reason they should ever run out of those. By the time the trial opens Fox will probably have another 12,000 range balls to return to Island View Golf. This time she’ll let her lawyer drop them off.
NOTE: Through its attorney, Robert S. Gill, Island View Golf declined to answer any questions on the case.
