An Irricana resident’s legal battle with the Town over a buried stormwater pipe that caused her backyard to flood when it rained is continuing to drag on.
Last year, Stephanie Katelnikoff took the Town of Irricana to court over a buried concrete swale and stormwater utility she found on her property. She said she discovered the buried utility – which she claims wasn’t registered on the real property report or land title – when she went to install a backyard fence last summer.
“It wasn’t on the property report, it wasn’t registered on the title, but when it rained, water started coming out of the pipe,” she said. “The concrete swales on all the properties to the north of me were also buried underneath mud. Since I’d dug mine and exposed it to put the fence in, it kind of ran into a dam on the neighbour’s property and started flooding my property.”
Katelnikoff said she called the Town of Irricana last August to let them know about the buried pipe, and she added the municipality’s foreman initially told her they would do something about it.
But after a couple of weeks, she claimed the Town’s position changed, and they told her the pipe wasn’t the municipality’s responsibility after all.
Through her own research, Katelnikoff said she also learned the Town does not own the right of way for the buried pipe.
She said she ended up capping the line to stop the flooding by diverting the flooding from her property out to the street, and proposed hiring a hydrovac service to the Town. According to Katelnikoff, she said she told the Town she was willing to commission the work as long as she was reimbursed for it.
“After I capped the line, I let the Town know they didn’t have the right of way through my property for this utility,” she said. “I [said I] would grant them the right of way they needed – the easement on my title – if they fixed the issues that there were.”
Katelnikoff said the Town initially agreed to that, after which she drafted a memorandum of understanding.
“Out of the blue, they backed out and didn’t give me a reason,” she said. “They basically told me I would have to sue them, so I did.”
Since those early conversations, Katelnikoff said she and the Town have been to court twice over the issue – once in December 2021, and most recently on Jan. 17.
She said after the most recent court appearance, a court order directed the Town to pay for the installation of a temporary fence on her property to close off the buried pipe and make the utility inaccessible to children or pets. According to Katelnikoff, the court order included a timeline of 30 days to install the fence.
But with the 30-day deadline approaching, she claimed the Town still hadn’t installed the fence as of Feb. 12, so on Feb. 14, she and a friend drove into the city, purchased the fencing, and installed it, at a cost of approximately $400.
“I am waiting to see if they actually want to reimburse me,” she added.
Because the Town didn’t meet requirements outlined in the court order, Katelnikoff said she is considering filing an application to hold the Town in contempt.
“I don’t really want to do that because I assume it’s just taxpayers who are going to be paying the legal fees involved, but I also think the Town…doesn’t understand the rules or have due regard for the rules,” she said. “They might need a wake-up call about stuff like this.”
Katelnikoff added the two parties are also preparing for a special chambers hearing in August.
As the legal battle has been dragging on for several months now, Katelnikoff said a combination of stubbornness and sunk cost fallacy is motivating her to continue with the dispute. She added she has spent approximately $6,000 to $7,000 in her fight with the Town.
In addition to those reasons, she said the pipe in her yard presents a safety issue.
“I continue to fight for my rights in court because there is a safety issue in my yard that I didn’t cause or contribute to, and I don’t think I should have to pay to fix,” she said. “I also continue to fight because the Town refused to talk to me and help me solve the issue, and forced me to go to court to find a resolution.”
The Town of Irricana had not responded to a request for comment as of the Rocky View Weekly's press deadline. This story will be updated with comment from the Town on AirdrieToday.com
