A Lumby woman has filed a lawsuit over loss of her home due to a landslide two years ago.
Donna Sharpe filed a civil claim in Supreme Court March 11, 2022 against several parties, including the Regional District of North Okanagan, the former land owner, the lawyer who helped her purchase the property, home builder, Agricultural Land Commission, provincial ministries and others involved with the property when issues were made apparent.
Sharpe purchased the property at 450 Albers Road in 2002, but claims she was unaware of problems relating to soil stability and a 1997 landslide.
The claim says that those involved “knew or ought to have known that the original parcel would be unsafe for any habitation or development of any kind.”
Letters from residents adjacent to the proposed subdivision wrote letters to the District of Coldstream indicating the land slippage occurs regularly in the area. Known geotechnical issues on the property were reviewed and commented at length.
Subdivision of the parcel into five lots was approved in 2001, with a restrictive covenant on title HMQ Architects and Coldstream would not be responsible in the event of damage due to flooding or erosion.
Prior to purchase, Sharpe claims the only issue brought to her attention in relation to the restrictive covenant was Bessette Creek.
On March 17, 2020 a landslide took place, rendering the building and property uninhabitable.
Since then, Sharpe has not been able to return to her home.
She is seeking damages relating the sale of the home and subsequent landslide.
No claims have been proven in court.
Her son started a GoFundMe account to help Sharpe out after she was evacuated and told that insurance would not assist in any way.