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Property owner continues water fight with city

Garth Hoy is frustrated with the water seeping into his basement of his Patricia Avenue home, which he believes is caused by the city pumping water from a retention pond near Crocus Plains high school to nearby land.

BRUCE BUMSTEAD/BRANDON SUN Enlarge Image

Garth Hoy is frustrated with the water seeping into his basement of his Patricia Avenue home, which he believes is caused by the city pumping water from a retention pond near Crocus Plains high school to nearby land.

A property owner with recurring flood problems has sent an official notice through his lawyers to the City of Brandon, claiming the city has failed to provide adequate protection.

Water pools by an old culvert along First Street east of a retention pond south of Crocus Plains high school on Wednesday afternoon.

Enlarge Image

Water pools by an old culvert along First Street east of a retention pond south of Crocus Plains high school on Wednesday afternoon. (BRUCE BUMSTEAD/BRANDON SUN)

Garth Hoy says water being pumped from a retention pond near Crocus Plains Regional Secondary Shool to nearby land is having a detrimental effect on his property in the RM of Cornwallis. As a result, Hoy and his wife Shelley are once again dealing with a flooded basement.

"There has been a breach of the City of Brandon’s duty of care," in relation to the Hoys’ property, states the letter from Meighen Haddad Law Firm, "as a direct result of the City of Brandon’s water drainage system from the housing development constructed over the past few years near the Crocus Plains Secondary School."

Hoy said the problems began in 2011, when the city began pumping water from the retention pond. That is when the Hoys had their first flood, costing about $10,000 to renovate. Water is being pumped from the pond south to Patricia Avenue and over to the east, which is the ditch across from the Hoys’ property. The water continues east, then further south to RM of Cornwallis land.

"It’s hard to handle," Hoy told the Brandon Sun earlier this week. "Every year, you just don’t know what’s going to happen, what the cost is going to be."

The Hoys have not only suffered damage to the residence, but their on-site business, Golden Acres Boarding Kennels, has also been impacted.

The letter described how the Hoys have spoken about the issue with the Reeve of the RM of Cornwallis, Reg Atkinson, who in turn spoke with Ted Snure of the city’s engineering department.

"The issue has not been addressed and our clients have suffered flooding damage as a direct result of the city’s non-action to remedy the problem," states the letter.

Meanwhile, the RM of Cornwallis also sent written communication to the City of Brandon to formally voice its concerns regarding southeast Brandon drainage.

City manager Scott Hildebrand confirmed he had received both letters, and said the city will be doing its "due diligence" in following up appropriately.

"We have been working with the province for a long time about water drainage and we’ll continue to work with them," he said. " But in the near future, Patrick Pulak and Ted Snure will be following up in engineering."

The Sun inquired with Manitoba Conservation and Water Stewardship regarding Hoy’s complaint.

A provincial spokesperson responded late Friday afternoon via email, stating that the province has raised concerns with the City of Brandon based on the RM of Cornwallis and landowners’ complaints over the changes to the drainage of the development area. The province is waiting for the appropriate technical information to be supplied by the City of Brandon and as such has not given the city a licence to undertake the drainage works (pumping) occurring at this location.

» jaustin@brandonsun.com

» Twitter: @jillianaustin

Republished from the Brandon Sun print edition May 17, 2014

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A property owner with recurring flood problems has sent an official notice through his lawyers to the City of Brandon, claiming the city has failed to provide adequate protection.

Garth Hoy says water being pumped from a retention pond near Crocus Plains Regional Secondary Shool to nearby land is having a detrimental effect on his property in the RM of Cornwallis. As a result, Hoy and his wife Shelley are once again dealing with a flooded basement.

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A property owner with recurring flood problems has sent an official notice through his lawyers to the City of Brandon, claiming the city has failed to provide adequate protection.

Garth Hoy says water being pumped from a retention pond near Crocus Plains Regional Secondary Shool to nearby land is having a detrimental effect on his property in the RM of Cornwallis. As a result, Hoy and his wife Shelley are once again dealing with a flooded basement.

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