Marvin L. Barmes and Barbara J. Barmes - Page 5




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                  Eight to ten red cedar trees bordering the pond were damaged                         
            or destroyed by a wet, heavy snowfall that occurred in 1990-91.                            
            The weight of the snow broke many of the trees.  Trees and tree                            
            limbs fell into the pond from 1991 to early 1994.  Petitioners                             
            did not replace those trees.                                                               
                  In 1992, petitioners caught fish in the pond and ate them.                           
            The pond became stagnant and polluted late in 1993 because trees                           
            had fallen into the pond and had not been removed, sediment had                            
            accumulated in the pond, and the pond was surrounded by brush.                             
            By the summer of 1994, the fish in the pond had died, the pond                             
            was shallow and smelled bad, and its banks had eroded.                                     
                  2.    Restoration and Improvement of Petitioners’ Pond                               
                  Petitioners hired Shepard Construction in 1994 to restore                            
            the pond.  Shepard Construction deepened the pond by removing                              
            sediment and trees from the bottom of the pond, rebuilt a road                             
            around the levee, removed two peninsulas from the pond, created                            
            an island in the pond from sediment from the bottom of the pond                            
            and soil from the levee, and removed trees surrounding the pond,                           
            including some trees that had not been damaged.  Shepard                                   
            Construction improved the pond beyond its pre-1991 condition and                           
            increased its value.                                                                       











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