HYDES, Md. — When trees crashed down in the yard of a daycare, the owner called Baltimore County for assistance. She was first told the trees were on state land, but then the State told her it was the county’s responsibility.
The confusion may stem from the property’s long history. The school itself dates back to the 1800’s, and now the County says the land parallel to it belongs to the heirs of a man who reportedly died over 70 years ago.
Unable to get anywhere, Kimberly Michael, the owner and director of Little Sunshines at the Old Fork Elementary in Hydes, contacted WMAR-2 News Mallory Sofastaii.
She provided surveillance video that showed on the evening of March 10, lumbering trees from an adjacent property fell directly in her school yard crushing the gondola and outdoor seating area.
“We had five that fell down here, one here, and then we had one that crushed our climbing toy in the back,” Michael showed Sofastaii.
Michael reduced some parents' tuition for their help in chopping up the wood so it could be hauled away, but it’s the trees still standing that worry her.
“You can see this one's leaning, they're leaning. And when the arborist from Maryland Department of Transportation came out, he said they were rotten at the base, and that they're getting ready to blow,” Michael said.
Michael first notified the county of the dangerous trees on March 14, but was informed they’re off of a state road and to contact the Maryland Department of Transportation.
“The State came to me right away and said, it's definitely a county road. They wanted to build, you know, a road that went all the way up past the church and they just stopped and they never finished it,” said Michael.
Documents provided by the State Highway Administration show a road in blue labeled Wilson Avenue, which they claim is a County Road. Today, that road doesn’t exist, but there’s a clearing where the road would’ve been and the trees in question surround that area.
Michael then went back to the county with this information, and was told something else.
“The County called and said I needed to find the man who originally owned the land, and then find his descendants and see if they would pay for it to come down,” Michael recalled. “And I did find the man who owned it, but he's been buried for about 100 years, so I can't find his descendants either.”
Michael scoured old newspaper clippings and found a death announcement for Boyd G. Merritt on November 2, 1952 in Pocomoke City. She also found an article detailing an auction for Merritt’s property in Fork in 1925.
Michael also enlisted the help of the University of Maryland who couldn’t find a record of Merritt or his descendants in Fork after the 1920s.
“I just can't seem to get an answer. Everyone wants to pass the buck of who it belongs to,” said Michael.
If she could, she'd take care of the trees herself, but removal is costly.
“So far, I've taken down 12 and they've been between $1,000 and $1,500 apiece. And I'm just a little mom and pop, you know. I’ve been a director for 30 years and I love what I do, but you don't make a lot of money,” said Michael.
She takes so much pride operating a daycare in the historic location with records of a school dating back to 1859, but part of her education includes outdoor play, which she feels is a risk to her kids while the trees are still standing.
“I don't want any further damage or for anyone to get hurt because we have 50 kids playing out in the yard,” said Michael. “I just want it cleaned up, you know, and it would be nice because if somebody does get hurt, I'll never forgive myself.”
Michael’s insurance is taking care of the damage to her property, but won't cover the tree removal.
The County maintains that they do not own the property in question. Sofastaii asked if anyone is paying property taxes or if citations have been issued for the overgrowth. She’s waiting to hear back.
In an email, Erica Palmisano, the press secretary for the Office of Baltimore County Executive Johnny Olszewski, wrote: “While the property in question does not appear to be owned by the County, we are committed to working with Ms. Michael to assist in identifying opportunities to resolve this issue.”
To report any fallen or dangerous trees to Baltimore County Government, click here.
