Town of Bashaw in legal dispute with homeowner over drainage

Lawn signs air grievances

Photo submitted

The Town of Bashaw is currently involved in an ongoing legal dispute with a resident over drainage issues the homeowner alleges is ruining her yard.

According to information provided by the town’s CAO Theresa Fuller, the historical information on drainage in the area in question is incomplete.

“The landowner’s lot is at a lower grade than much of the surrounding area,” said Fuller.

“The town cannot, at this time, confirm where all of the surface water that drains to this lot flows from or whether the school contributes significantly to the water that flows to this lot.”

Fuller did confirm that a monetary offer was made to the homeowner, which was rejected, but did not give any other details.

To all other questions, the town answered “no comment.”

“It is generally town policy not to comment on ongoing legal matters,” said Fuller.

“These responses are all that the town intends to say in relation to this legal matter at this time.”

According to council minutes, the town approved $5,000 for legal expenses within their operating budget, after an in-camera session to discuss a “legal — drainage” item.

The homeowner, Hazel Brooks, 81, has had signs on her yard for some time now, stating her grievances about the water that she says floods into her yard whenever it rains or snow melts.

Brooks, who lives across from the Bashaw School, says she’s fed up with sand and gravel washing over her yard, which she alleges has been a problem since the Bashaw School was built four years ago.

When she looks out at her yard from her back door, “It’s an absolute mess,” she said.

She says the water has ruined her garden, lawn, and perennial shrubs and flowers.

Although Brooks says she’s been asked to remove her signs, she says she doesn’t plan on backing down.

“I may be old but I’m not stupid,” she said.

Although there is a town bylaw that requires a landowner to apply for a development permit for the placement of signs, Fuller says “The town has made no decision at this time as to whether it will be taking any steps to address the lack of permits for the signs.”

Town of Bashaw

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