This case concerns my neighbor Mark Conlee’s redevelopment of a legally nonconforming property purchased from the Mayor of my city. He began redeveloping the property adding a new non compliant garage. He trucked in fill dirt and not only was the massive illegal roofs rotated to drain stormwater onto my property he set the grade of the elevated fill dirt to drain down onto my property. The five building permits are illegal, the building official refused to address my concerns in regard to the nuisance drainage the redevelopment caused my property as his duty requires. When this neighbor discovered he could not get the illegal redevelopment recorded on the county plat map, he determined the remedy was to eliminate me. He began unlawfully applying chemicals onto my property. It took very little time before the chemicals cause me a severe skin condition. I verbally told this man not to apply anything to my property, and requested an incident report from the chief of police. Needless to say that I had developed a full body severe skin condition before the 16 months in it took the Chief of police to give me the incident report. This was so severe that it was unbearable to wear clothes. I hired an attorney to sue the City. He was onboard with the law at our first meeting. I was questioning him about his knowledge and he passed. The liability was the City. One of the building permits was not signed by the builder and had been forged at a later date from the original on file. The other permits are illegal based on the fact that this was a legally non conforming property. For those who don’t know there are very stringent rules that apply to redevelopment of such properties. As commented by Mayor Dinwiddie on public record. You’re not allowed to build any structure larger that the existing structures. This guy even went so far as to put in a garden pond that drained onto my property. I am a single middle aged female. I owned my property outright having purchased it in 1995. I opened an upholstery shop that I operated from one of the existing structures on my property. I could not have been happier with my ideal of acquiring my American Dream.
The chemicals continued nonstop. I was surprised when I got served notice that I was being sued by this neighbor for “loss of enjoyment of his property”. It seems that the legally installed privacy curtain that I installed on my side of the 300′ common boundary was to much for him to bear. He could not see out of his windows. Does he even realize that he was looking into his actual side yard? His lot was too narrow to set the oversized structures on. When I spoke to my attorney I was clear that my intent was to sue the City. He advised we would sue both parties adding that the City is where the money was. I know, the liable party is where the money is. I have a long line of paternal parents that held authority titles for a neighboring city. I did not know why he wanted to sue the neighbor to but that is why I hired an attorney. I did not question it. I have never needed an attorney and I am unfamiliar with the court process. The letter of intent my attorney sent the next day did state that if there were no remedy in 10 days he would file an injunction. Upon receiving the letter, the neighbor removed all evidence of an existing berm he had illegally removed. He illegally changed, the frontage of his home to now be the city alley. Apparently, the repositioning of his home made him believe that my backyard was now his backyard . He added a little roof over the side entrance door to make it look as though his frontage was the street but it clearly was the alley now. This being one of many counts of perjury he committed in the civil court case
I continued to go to council meetings each time a new Mayor was elected. That would be an unprecedented four Mayors in 5 years. As a citizen being affected by a nuisance drainage as a result of the noncompliant redevelopment I had the duty to notify the building official that there was a problem. I tried to call him on the telephone, I left messages on his answering machine. He never returned my calls. My attempts to address the city council were in vail, I had the floor and there would be a distraction caused by the former building official. I was never allowed to speak about my complaint or try to get the proper authority to make him to stop applying the chemicals. He would not stop and no law enforcement would file a complaint against him for trespassing.
I believe that if I had been a male, he would never have been brave enough to ignore my request. The Chief of Police did advise me that he did not want to file a complaint against him because he did not want to make him mad. The civil court case he filed against me was dismissed citing my right to enjoy my property. I felt a sense of relief assuming the chemicals would stop based on the citing of my right to enjoy property I could not have been more wrong. This made him mad. He suspiciously is elected to city council for the sole purpose of “getting me back”. The chemicals continue without hesitation. I hear nothing from my attorney in regards to the case against the city even though I email him multiple times. I went to give him a payment and mentioned that the Mayor actually took my side in regards to the privacy curtain I installed. He advised me that the reason the Mayor took my side was that he had received a letter from my attorney. My attorney had lied to me all this time. He never filed the complaint against the city. He never did anything on my behalf. He did suppress evidence on behalf of this neighbor. This guy and the police chief physically altered Railroad ties I had placed along the common boundary to try to divert the excessive stormwater from my property to the city drainage ditch. This was a direct act in contempt of court. There was no reason but to prove to me that he was not going to abide by the court of anyone else’s ruling. He had to have my property.
The county attorney advised me that he would decide who is prosecuted in his county. His duty to prosecute all criminal offenses. He then proceeds to file criminal charges against me several times for fabricated laws. Laws that do not exist, but I cannot get one for criminal trespassing against this neighbor whose intent is clearly to cause me serious injury or death.
I suffered for five long years severe pain. I knew I was dying. Only when a former city police chief now moved on to the Sheriff Dept stopped by my home to advise me that this neighbor had no intention to cease and desist with the chemicals did I know I had no option. I had either to shoot this neighbor dead or sell my home business and property for enough funds to repay the debt I owed my friend for supplying the funds for my basic living expenses over the 5-year period and pay for my final expenses. I knew I was dying.
I could not leave this earth without repaying my friends well over $10,000 dollars. My condition only increased, I could not bear to have anything touch my skin the pain never stopped it was 24/7, I had lost my eyesight by this time also as a result of the medical treatment administered to offer my skin some relief. This neighbor has more than less the traits to determine a psychopath according to Hare’s list. I now know the reason the police chief or anyone else for that matter did not want to make this guy mad. However, for me to be the sacrificial lamb and live to tell about it, no way. It is the duty of law enforcement to protect the rights of the people in these United States. They take an oath to do just that, the criminal acts committed by this enterprise of local government officials is unbelievable. However, the evidence does not lie.
I did survive. only because a Dr from UNI listened to what I was telling him about the chemicals. I have been seeking compensation for my damages. According the Stormwater management handbook, the courts see cities as having deep pockets in not complying to the State building code and drainage laws. Now I am looking for law enforcement and prosecuting attorney that is committed to upholding their oath of office. To protecting the rights of their fellow citizens. What is truly unbelievable this group of thugs being afraid to do their duty to the degree that they would rather commit serious criminal acts against me than make this man mad makes me concerned for the entire community. This man showed no empathy when saw my skin. His intent was to acquire my property at any cost. Something’s not right here. I have known these individuals most of my life and I have never witnessed or heard rumor of any of them committing criminal offenses on someone else’s behalf. Mayor Dinwiddie clearly had a personal financial gain when he sold this otherwise worthless piece of property to Mark Conlee. I question whether Dinwiddie disclosed the property to be legally nonconforming. It apparently made no difference to Mark Conlee as he was held above the law in every illegal act. Nevertheless, the city building official intentionally allowed the illegal construction, and avoided his duty to address my concerns. Lee County Attorney Michael Short recently retired and I believe the shuffling of the new County Attorney is finished so I believe it should be possible to hold those who have committed criminal acts be prosecuted and I should be compensated for being the victim of the criminal acts that were committed against me. As it stands, I am forced to watch these individuals living large from the guts of my property. I sit here with chronic health problems in a small section 8 rental houses that is not satisfactory for my lifestyle or sewing machine. I do not know how long I can contain my patience. It has been an extended period. The chances I will be diagnosed with cancer are overwhelmingly a high percent based on the studies on glyphosate. These people have new homes and garage no worries. Mark Conlee and his wife work at a well paying local factory. His structures could well fit on an acre of land. Why did he buy a nonconforming narrow piece of property and fill it with illegal structures when he could have well afforded an acre of land in the county?
My achieved American dream has been ripped (taken) from my hands causing injury not compensation. If you read my webpage, you will find much more about this story and the others who conspired to deprive me of my rights under color of law. There just is no other way to view or excuse these events.
This cannot be allowed in the USA under any circumstances. I certainly do not intend to be the first and only citizen who has been subject to such brutal criminal acts by my local government officials. There is no more time for excuses this needs to be addressed. These crimes are in violation of the Constitution of the State of Iowa and The Constitution of the United States of America. I am requesting an investigation into the evidence that I have that has never been reviewed by any authority.
Original property layout
This building permit is fraudulent as it is impossible to construct this building from pouring a slab to complete finish in the timeline of 5 days, It is incomplete as there in no fill dirt amount, setbacks or other information required by the State of Iowa. This document is folded for scanning purposes. Boatner was initially informed the this structure was noncompliant because the owner intended to build a living quarters in the second story.
After a suspicious fire supposedly destroyed the existing double-wide mobile home this building permit was issued. Fraudulent building permit issued by City of Montrose, Ia. Not signed by builder, no fee charged, no fill dirt or setbacks recorded. This permit is also folded for purposes of scanning.
When the city building official refused to address my concerns about a nuisance drainage issue according to city ordinance I contacted Lee County extension agent for an opinion.
He wrote a letter to me and a copy to Mayor Dinwiddie including a copy of the Iowa drainage laws. There was no immediate response. City clerk Cirinna altered the fee charged on this original permit to conflict with Lee County Ext. Agents observation.
Water standing in yard
Water standing in yard. Note upper right hand corner retaining fill dirt on neighbors new garage.
Ground in crawl space saturated with groundwater caused by increased stormwater runoff from neighbors new redevelopment and illegal removal of existing berm foundation washed out. This side of the house had never received water like this because of the existing berm that Conlee removed unlawfully.
Neighbor’s allegation that my nuisance drainage was caused by from city street is false. This photo shows crawl space toward street is dry. Dark area of soil is saturated from side of home that faces neighbors property
Common boundary supporting neighbor applied chemicals to my property (on rights side of photo). This boundary is 300’ long and there was never any action by law enforcement to stop the application of chemicals to my property.I began to report the unlawful acts in late April 2005 and nothing was ever done on my behalf until I was forced to escape from them in Aug 2010.
I know that most people do not realize what a liar Conlee is. First he claimed in court he thought Boatner wanted a fence. The evidence shows He knew Boatner wanted a ditch dug diverted the stormwater from his property to the city ditches as it is written in the first notification Boatner gave him.
Anyone with a reasonable mentality could easily predict the foreseeable consequences Conlee’s illegal redevelopment was going to have on Boatner’s property. Boatner’s property lost value after the construction of the garage only. Conlee installed the wire fence to keep Boatner from digging a ditch down the common boundary. Even though no other neighbor’s are required to protect their property from an neighbors redevelopment. Boatner should not have had to be concerned with flooding of her property had Conlee not been held above the law. If the building codes would have been recognized Conlee would have never been allowed to expand the size of the new structure larger that the existing structures. The Mayor and building official were well aware of the legality of Conlee’s redevelopment that is why they refused to address her grievances. They violated their oath of office. They conspired with Conlee to allow Boatner’s State and Federal RIght to be violated. They conspired with Conlee by allowing him to use chemicals as a weapon to eliminate her from her property.
Boatner did not notice the chemicals until the the grass was getting green in the spring
The day Boatner discovered the chemicals applied to her property she suspected that was the cause the “rash” on her shins. On that day she advised neighbor not to apply anything to my property and requested an incident report from the Police Chief Brent Shipman.
Condition continues to get worse. No action from law enforcement to protect of private property rights
Poison continued to be applied to my property on a routine basis. By this time the “rash had developed into a full body severe skin condition that cause severe pain to the degree it was unbearable to wear clothes. Poison continues to be applied to my property without my permission against my control
I can think of no more of a brutal way to eliminate a neighbor. In the background is the Steel Roofing I had just purchased to put on my home. It was in no way my decision to move. This was heavy 1/4 “ j channel steel.
I had no authority to stop this neighbor from unlawfully applying chemicals to my property except to take up arms. It was my opinion that law enforcement had the duty to provide protection of my private property rights. effects on my life.
This is a chemical burn. I was completely unable to function. This was an intentional brutal attack that had serious
16 Months later I received this report that is completely inadequate from Police chief Brent Shipman. I refused this and told him I wanted one that was more specific.
9-16-2006 intentional untimely incident report requested by Boatner 16 months after the discovery of chemicals on her property. By this time it was to late the skin condition had become chronic. There was never any intervention from local city and county law enforcement to protect my right to private property. Police chief Shipman advised me that he did not want to make this neighbor mad. Lee County attorney dismissed the photo evidence and advised me that the neighbor had told him that he only applied the chemicals to his side of the fence.
Boatner hired an attorney very early in this case, to file a complaint against the City of Montrose early on. Conlee commits perjury in the civil case Conlee vs Boatner also. Her attorney knowingly lie to her. He reassured her that he had filed the complaint. That Sept the neighbor filed a civil complaint against Boatner for loss of enjoyment of his property in regards to a privacy curtain she installed. Legally on her own property along the common boundary.
His case was dismissed. The judge, citing Boatner’s right to use her property as she see fit . Boatner believes that Attorney Swan was eager to take her case that it leaves to question whether arrangements were premeditated by Conlee and Swan for him to do just what he did, nothing except suppress evidence that is right here in this file. Suppress testimony of witnesses that he advised Boatner were “experts in their own right” and “compelling”. He did not ask a question to any of them. He suppressed the written affidavits that were supposed to be submitted to the court. This case followed no standard procedures. What began as a simple nuisance drainage issue that could have been easily remedied. Turned into a criminal conspiracy. Because one of the good old boys was held above the law in redeveloping his otherwise worthless lot of land. Site layout and drainage is step #1 in redevelopment. He should have known his nonconforming lot have stringent laws in redevelopment. Dinwiddie acknowledges this in the public record. The building official should have know this, if not there is a reference manual at city hall. This entire five years was a complete mockery of the law. The presentation for the public was stellar in that they kept Boatner oppressed from speaking to the public. Only presenting falsehoods to the general public. Defaming Boatner’s character by claiming she is “crazy”. This was instigated by a third party who had nothing to do with the drainage issue.
HOW MANY PLAINTIFFS MAKE OUT OF COURT OFFERS TO THE DEFENDANT? NONE?
First offer to settle out of court. Plaintiff offer to defendant is admission to guilt. Boatner’s attorney suppressed this from the court.
2nd offer to settle out of court. This was suppressed from the court. This offer is completely ridiculous being Boatner is not responsible for the new developments stormwater drainage.
This is the privacy curtain Boatner installed. It was within her legal right as there was no fence ordinance at that time. You can also see Conlee’s property is graded down toward her property. The existing berm prior to the redevelopment was located on the left hand side of this photo, Conlee has put some bricks where the berm used to be. You can see the Conlee’s new home has the roof rotated from the original home to divert stormwater directly onto Boatner’s property. Prior to the removal of the berm a heavy rain would develop a small pond in this front yard of the Conlee’s property. Boatner’s property received no stormwater runoff from the Conlee property. The judge erred in what he stated Conlee’s witness actually stated in her testimony. She actually stated the her (Boatner’s) property NEVER received stormwater runoff from the Conlee property. Boatner’s attorney recognized this as a fact in an email exchange. No attorney could be so incompetent not to raise issue with what he acknowledges in an email. The attorney oath swears that he will represent the best interests of his client. Boatner’s attorney failed her in violation of that oath. His action support a conspiracy with intent to cause Boatner harm.
Finding of Fact, The dismissal of Conlee’s this case only made Conlee more aggressive toward Boatner. He decided he would get elected to council member. The timeline for announcing candidacy was not within the guidelines. We never got the decision on the civil case until the end of Oct. and I believe you must have your position announces before that. Conlee went to the city hall every afternoon when he got off work for a week, and read the city codes before he announced. Having known Conlee for the period Boatner had gotten to know him, he gave her a thumbs up that he had made a deal for his position and was going to be elected to city council, his intent as a council member was to force me to take that curtain down. He intended to harass me financially. Clerk Cirinna obediently began to take orders from Conlee. She fabricated an ordinance specially for Boatner telling her the ordinance meant Boatner had to take the curtain down. Boatner plead not guilty. On the bottom of the court order the judge noted the the issues in this case been remedied by a previous court of law. These type of crimes continued along with the chemicals exposure until 2010. At that time Boatner’s condition had become dire. She also lost her eyesight. She was helpless to defend herself or her property. Conlee’s troops did not waver in their fight to acquire Boatner’s property.
Boatner understood the court ruling, citing Boatner’s right to enjoy her property meant she has been returned complete control of her own property.
She was wrong. Lee County Deputy David Hunold, who came to her home investigating a second of the same fabricated law complaint against her by Lee County Attorney Mike Short on behalf of Mark Conlee. The first complaint stated that Boatner had driven by Conlee’s home and given him the middle finger. According to Officer Hunold Boatner was wrong, since the Judge did not specify Mark Conlee was not allowed to continue to apply chemicals to her property. He could continue and he did continue to apply chemicals to her property. She had just been to court over this same allegation that she had given him the finger and it was dismissed. She never even got to see the judge. Mark Conlee in contempt of court did not show up for court. He was on vacation in Florida. The newest Police Chief Karl Judd advised Boatner that he knew Conlee was on vacation and would be a no show prior to the court date. These frivolous charges were made against me by Lee County attorney Mike Short in State of Iowa vs Boatner. This 2nd complaint was altered from the original simply by adding the words “he is tired of this happening all the time” therefore bumping it up to a harassment charge. Someone should have advised the County Attorney that there is no law against giving anyone the finger. In Boatner’s opinion the judge would have commented that Conlee deserved for her to give him the finger. Boatner was still was being denied a trespassing complaint against Conlee. As Officer Hunold was leaving her home she told him wait, she wants to file a complaint for trespassing, having just shown him the court document. Officer Hunold advised her that he was only there to investigate a complaint from Conlee that she had given him the finger. Lee County Attorney Mike Short had sent him in case there was a conflict of interest involved. There definitely was a conflict of interest in this case. This case reeks of violations of Federal law.
May 23 2008 Mark Conlee assisted by Police Chief Shipman violates the civil court order. Somehow Chief Shipman feels he has the authority to overrule a court order and authorize Conlee to alter the railroad ties Boatner had placed on her property along the common boundary to divert the excessive amount of stormwater runoff. Boatner’s property now receives 90% of Conlee’s stormwater runoff after the illegal property redevelopment. He pulled the plastic edging out that Boatner had installed, he pushed the ties out of alignment. You can see a broken staub in the foreground of this photo. The staub’s were broken off at ground level all the way down the row of ties. Boatner was putting myself in danger by being out in her yard to place these ties and edging as there was chemicals that had been applied to the entire common boundary. Boatner had no chance to secure her private property rights. Her only option other than to flee would be to shoot this man dead.
This photo is easier to indicate the broken staub’s and edging that was pull from the ground and laying on top of the soil. This action was don’t in contempt of the civil court order citing Boatner’s right to enjoy my own property. He never did this to the upper half of the property. He did this in the middle of the night. Earlier that day Conlee along the the Police Chief approached Boatner and informed her that he was going to move her railroad ties. Boatner went in her house and returned with a single shot pellet gun. Boatner stood guard and defended her property till after dark. Boatner is human she was still trying to operate her upholstery shop business and did goe in the house to try and get some rest. The next morning this is what took place on her property. Several weeks later Conlee calls a false report into the police stating he heard shots fired from Boatner’s property. The purpose for the false police report was to know if Boatner had weapons. It is a violation of the law to make false police reports. There is no law that applies to Mark Conlee. You can see the amount of fill dirt that was brought into Conlee’s property by the retaining timbers on the left of the photo. He committed perjury in the civil case denying the amount of fill dirt he had trucked in. As you can see Boatner’s property has mature trees and his property has nothing that would prevent him from installing a drain pipe to divert his stormwater to the city drainage ditch as required by State drainage law.
This is the finished illegal property redevelopment of Boatner’s neighbor. Completely not in compliance with state building code, Conlee went to get this recorded on the County plat map and apparently it was denied. This is the reason that he determined the remedy was to eliminate Boatner. It took 5 years of severe suffering, emotional and physical before she had no choice but to flee. The only other option she had was to shoot this man dead or flee. This was her home, business and property. It was apparent that Boatner or Conlee was going to die if she stayed, Due to the intentional negligence and conspiracy against her rights by local government officials She is still being denied justice. These government officials have been allowed to commit serious criminal offenses. why? Boatner will not go away, No way no how. Her assets were in her property, Her property has been forcibly taken. Her credit rating before Conlee came to the worthless lot next door was 760. Two trips to the ER in the first few days of this attack wiped her credit out. Then as a council member Conlee uses his position in an attempt to cause her more financial harm. By involving the City clerk, who has no problem forging documents of file or fabricating city ordinances. There is a slough of things the clerk preformed that were criminal and ethical violations, Anyone who looks at this evidence a see that.
There is no excuse for the treatment of a human being as brutal as this attack waged against me. Boatner has EPA results and much more evidence that she has the right to submit. To date no authority has given her the opportunity.
Does anyone recognize a conspiracy against rights? Deprivation of Rights under color of Law? These are violations of Federal law.
Anyone who does not visually recognize that these oversized structures set sideways on the Conlee property has changed the frontage of his property to be the city alley is not qualified to oversee the first step taken when redeveloping begins, site layout and stormwater drainage.
Anyone who does not visually see the significant increased stormwater being diverted onto Boatner’s property is not qualified to oversee new property redevelopment.
Anyone who does not recognize the violations against Boatner’s State and Federal Rights please explain how Boatner’s rights have not been violated.
Boatner wants to know the process needed to redress grievances. Her attempt to get any answers from anyone has been in non productive. She has been put through hell by the chronic skin condition and the loss of her eyesight. Yet expected to continue to defend her person and property. For five years she has been disabled and unable to simply bear to wear clothes.
Had she have invoked her second amendment rights where would she be now? Would she have been found not guilty of murder and at home enjoy life as it was prior to Conlee purchasing the lot next door from the Mayor? Would she be in prison for murder. We will never know. We know that she is still burdened by the events that took place in violation of Federal law from Spring of 2005- Fall of 1010. Her ability to enjoy life is blocked by the crimes committed against her by an entire local government subdivision. This cannot be dismissed as the basic fundamental rights are what we as Americans base our freedoms on.
Existing Conflicts of Interests Among City of Montrose and Lee County Iowa Officials