While I am aware that neighbors are not liable for damage from leaves dropping from boundary trees, this is not my question. I live across the street from a park that was seeded to the city where I live in western MA. The park has unusual legal status insofar as it’s operations are funded only by a bequest made by the family that seeded the land and it is managed as a 501(c)(3) with its own Board of Directors.
I live downwind of the park. Every year they lay off their seasonal workforce on or before Nov 1, which is long before most of the leaves have dropped from the trees. Over the next 6-7 months leaves from the park continuously blow onto the property of all of us who live east of the park. In order to keep my property leaf-free over this period which I want to do for aesthetic and health reasons (piled up leaves allow ticks to survive the winter and Lyme is endemic out here) I have to pay many hundreds of dollars to my landscaper for multiple fall/spring clean-ups and collect leaves myself (many hours). I have a hedge in front of my home and put a small snow fence under the hedge to contain the leaves until the park does their leaf collection some time typically in late April or early May. I Wrote the chairman of the board to ask if there might be a remedy at one point and suggested the park might install snow from late fall to early spring to contain their leaves. He replied that if I agreed to buy the fencing, pay to have it installed in the fall, removed in the spring and stored off-site, they might consider it. For good measure, he added that having some leaves blow on my property was a small price to pay for living next to such a beautiful park, failing to note that while he too owns a home across the street from the park, his property is upwind of the park and never suffers from the issue I and my neighbors have to endure. Adding insult to injury, I noted that the fall following my letter, the park purchased and installed snow fencing internally to prevent its own leaves from blowing into certain more manicured areas of their own property.
Do I have any recourse?