Behar and Quaker Ridge Golf Club Square Off in Court

Most assumed that the ongoing feud between Leon Behar of Brittany Close and the Quaker Ridge Golf Club was over when the Scarsdale Planning Board issued their decision on the matter, following their October 27 meeting. At that time, the Planning Board heard pleas from Behar’s attorney, Brittany Close residents and lawyers from the Quaker Ridge Golf Course concerning Behar’s need for protection from errant golf balls that were struck from the second hole of the course.

In June 2010, the Behars had gone to court to remedy the problem and Judge Emmett Murphy recommended that the club erect a 60-foot fence to shield the Behars, pending approval from the Scarsdale Planning Board. Until the fence could be erected, restrictions were placed on the use of the second hole of the golf course. These restrictions remained in force all summer and fall until the parties met at the Village Planning Board meeting on October 27. At that time, concerned neighbors argued for a lower fence, as they believed that the 60-footer would be an eyesore looming over their newly built homes.

After learning that scientific data showed that a 40-foot fence would trap 98% of the golf balls, the Planning Board ruled that a 40-foot fence would be adequate. They also called for a stand of 35-foot Armstrong Maple trees to be planted on the club side of the fence. The fence is approved for five years until the trees can grow high enough to screen the property.

The club is now waiting for the building permit for the fence and plans to erect the 40-foot screen as soon as they get the go ahead from Scarsdale Village.

So it was puzzling why Mr. Behar and attorney Julius Cohn chose to continue to pursue their original lawsuit in court on November 29th. When questioned, Mr. Behar said, “My position is that I will not drop the case until they (Quaker Ridge Golf Club) actually put up the net and plant the trees according to the plans submitted to and approved by the Planning Board. Only once they live up to their obligation in a way that remedies the problem will I consider dropping the case.”

In the interim, Behar has removed the 25-foot fence he originally built, as he did not have approval for it from the Village. Restrictions on usage of the second hole have been lifted because the golf season is over, though the course continues to be used. Judge Emmett Murphy has ordered additional motions to be filed December 13, with responses from Behar’s attorney due on 12/31. Stay posted.