Re: garden dispute

**A*@aol.com**

Sally, 

The business of community gardening is gardening with other people who are 
imperfect - because all of us are. Sh*t happens. 

The garden had to put up a new fence, in order to survive and a guy's pear 
tree got whacked. Now, he might have a case if it were in his own back yard, but 
this was in a public community garden where his planting was part of the 
whole.  Might they have done a little more due dilligence?  Sure, but as far as I 
can see, this was a non-malicious mistake. 

I feel bad for the guy, with his fancy French pear tree, but again the tree's 
demoltion was not malicious, but part of making the garden safe and secure 
for all gardeners.  And the pear tree owner, having placed this tree in a public 
community garden, has no legal redress to speak of. 

So they should apologize to this guy, but no way even think of coming up with 
500 bucks. The garden, if it feels really bad, and this gardener does more 
than just grow fancy trees in a public garden ( hmmmm - where was he when the 
fencing had to go up again?) it might throw a few bucks towards another pear 
tree, but certainly not spend huge bucks it doesn't have to cover a swingingly 
expensive "private" tree on public land. 

Everbest, 
Adam Honigman 

> Subj: [cg] garden dispute 
>  Date: 1/10/05 12:24:21 AM Mid-Atlantic Standard Time
>  From: SMcCabe@Pennhort.org
>  To: community_garden@mallorn.com
>  Sent from the Internet 
> 
> 
> 
> I'm in need of some advice.
> 
> One of our gardens recently installed a new fence after housing construction
> next door did in the old one.  During the installment of the fence, one of a
> gardener's fruit trees trees got cut down.  Apparently this was a rare
> French pear tree - Passe Corassane.  It was 10 years old, and he is 
> requesting
> to be compensated $500.  The garden has no money in their kitty because of 
> the
> new fence.
> 
> Is the garden responsible for replacing the tree, or for making compensation
> for something planted in an individual plot?
> 
> How should we handle this situation? In 25 years of community garden, it's
> always been somebody ELSE who was the bad guy!
> 
> Sally McCabe, Philadelphia

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