The whole situation apparently began in October when rains dropped immense amounts of water in the region.

“When it first started I thought (the water) came in the window.” Winston explained to the OBSERVER in early January. “Not long after my flowers just started sinking out back.”

Various friends and family pointed the flowers out to her as well, but she didn’t think much of it until the mud arrived, seeping in through the foundation.

Winston said, “I had no water, no nothing in the basement, it was dry. I have two sump pumps. It was nice, it’s a wreck now.”

OBSERVER Photo by Jo Ward The basement of the home at 17 New York Ave. is pictured in early January.

When the foundation began to give way and mud began pouring in, Winston reached out to her homeowner’s insurance company, Mercury Insurance for help.

“They told me there’s nothing that they can do,” she sadly explained. “I had just done all the floors, a new roof and new upstairs windows. I designed the bathroom, put in a walk-in closet and redesigned the kitchen just before all this started happening.”

According to Winston, Mercury Insurance told her that the damage was caused by flooding.

“I said this isn’t a flood, it’s a sinkhole,” she said. “No one came out until three weeks later, they looked, but they never gave me an estimate, never told me anything. I called (the insurance rep) back and he said ‘we’re not paying for it.'”

She eventually called three people that do foundations, but never received an estimate. According to her, they just left — the reason being the cost involved. She figured it would come from insurance, but according to her, the insurance company was sticking to their guns on the issue.

A history buff, Winston checked maps and found that her home sat atop of an underground stream connected to Crooked Brook. At a loss, she then reached out to the city of Dunkirk for help. After visits from Director of Public Works Randy Woodbury, Fire Chief Mike Edwards and interim Chief Building Inspector Warren Kelly they told her there was little they could do.

“Those block foundations have no lateral strength,” Woodbury explained to the OBSERVER. “They can buckle way too easily. A solid concrete foundation would be best.”

He added that at the time he and the others came out, there wasn’t as much damage as there is now.

“She needs an attorney to help her to get the money she needs from the insurance company,” Woodbury added. “She has a right to it, that’s why homeowners pay insurance.”

Winston did just that, expressing her case to the Center of Elder Law & Justice Office, a provider of free civil legal services to income challenged seniors in Western New York. According to her, she found little help there as well and claims that the service dropped her case.

In a statement sent to the OBSERVER by representing attorney F. Alexander Fehrman, Esq. it states that the “need for our services greatly exceeds our current resources, therefore we must set priorities and not every resident of Western New York will be eligible for our services.”

However, despite this, the center did send a letter to the city in December that was included in the Jan. 3 Common Council Meeting agenda, much to the surprise of Winston. Within the letter it was stated that they are “representing Ms. Winston going forward” and requesting that the city not condemn her property until they had time to advise her of other options. Winston never received a copy of this letter. And the city never had any intention of condemning her property.

“The city hasn’t taken any legal action on 17 New York Ave.,” City Attorney Richard Morrisroe stated at the Jan. 3 meeting. “Typically the Inspection Office is approached when somebody else complains about a problem property, that’s not what happened here. Ms. Winston reached out to the city and asked for help essentially and Chief Edwards went out, Mr. Woodbury from DPW went out and Mr. Kelly our interim Chief Building Inspector went out and looked at the property and there are some serious issues there. Unfortunately the city isn’t responsible for those issues, this is a private matter. We’re not taking any action at this point. I think what Ms. Winston is looking for is help and we can refer her to other places and I’d be willing to work with her attorney in any way that I can to help. The city however isn’t responsible nor does the city have funds to do that kind of repair. I want that to be clear. It’s not that we’re being mean or irresponsible; the sinkholes are not a city issue, it’s not created by the city.”

Winston lived in the house eight-and-a-half years, soaking over $25,000 into remodeling it. She was planning on staying there, but the talented artificial flower arranger stated that this event has disrupted her entire being.

“Every time I go down there, it’s oozing mud and water, it’s causing the heat to go out. I’m not trying to fight the city or anything, all I want is my peace of mind, where I can go back to my little hobbies, because it’s not my fault, it’s not their fault, but it is in the city and I am one of their citizens. I don’t feel that I should not have nothing after all that time and effort that I put into a house and come out with nothing. No place to stay, no house, no hobby, no money to move, no nothing. I don’t think that’s fair.”

Currently there is a fundraiser on Facebook to help her and her cat, Pewter, to relocate. To donate, visit www.facebook.com/donate/357871164805219/359153618010307/.