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Fence fallout pits resident vs. city

Broome’s damaged fence, which he says the city should fix. The city says it’s his responsibility.

BRUCE BUMSTEAD/BRANDON SUN Enlarge Image

Broome’s damaged fence, which he says the city should fix. The city says it’s his responsibility.

Ed Broome has reached a standstill with the City of Brandon over the damage to his fence.

The uprooted elm tree that fell from Queens Avenue onto Ed Broome's fence during the storm on July 5.

Enlarge Image

The uprooted elm tree that fell from Queens Avenue onto Ed Broome's fence during the storm on July 5. (SUBMITTED)

A city tree on the boulevard was uprooted during the wicked storm on July 5 and landed on Broome’s fence on Queens Avenue.

However, the city is refusing to fix it.

"The workers came to clean up the tree and told me that someone would be by in the next few days to fix the fence," Broome explained. "After I didn’t hear for a week, I called to ask the city."

The 70-year-old was told that it is his fence and therefore his responsibility to fix it, which isn’t what he was expecting.

"It is a city tree, their property damaged mine," he said. "It wouldn’t take much to fix the fence, but it is really the principle of the matter."

This is not how it is seen by the City of Brandon risk management department.

"In cases where damage that has occurred is due to an uninsurable peril (things that are often referred to as an "act of God") and there was no negligence on the part of the city, there is no basis for a claim to be made against the city," city spokesperson Allison Collins said.

The storm near the beginning of July brought straight-line winds of up to 80 km/h, which uprooted and damaged trees — mostly in Brandon’s south end.

"The tree was cleared and the phone line repaired quickly," Broome said. "Now it is really just a matter of why the city isn’t willing to deal with my fence."

Collins also noted that because a private fence is something for which insurance can be purchased, it is not eligible for disaster financial assistance.

The fence continues to sit unrepaired for the time being, and Broome said that he will no longer be mowing the city boulevard.

» mlane@brandonsun.com

» Twitter: @megan_lane2

Republished from the Brandon Sun print edition July 22, 2014

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Ed Broome has reached a standstill with the City of Brandon over the damage to his fence.

A city tree on the boulevard was uprooted during the wicked storm on July 5 and landed on Broome’s fence on Queens Avenue.

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Ed Broome has reached a standstill with the City of Brandon over the damage to his fence.

A city tree on the boulevard was uprooted during the wicked storm on July 5 and landed on Broome’s fence on Queens Avenue.

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