Evidence based on hearsay, “Mark Conlee says” when my evidence was hard copy documents, photos and witnesses described as “experts in their own right” and compelling list of witnesses in its own right.
APRIL 7, 2005, PAGE 204 MONTROSE COUNCIL MEETING PAGE 2
1. Drainage ditch. Mark Conlee spoke with Council regarding runoff from his property into a neighbor’s yard. He says Craig Junkins dug a trench and all is well now.
a. Standard procedure would be that the complainant would confirm whether an issue has been resolved.
b. Mark Conlee saying all is well now was far from the truth. Nothing had changed at all.
c. There was no excavation of a ditch in front of the Conlee property. Easily detected with the naked eye
d. The drainage problem was caused by the non conforming in size of the new structures and illegal change of the frontage of Conlee’s property. Easily detected with the naked eye.
May-5-2005 MONTROSE COUNCIL MEETING
2. Councilman Junkins said he talked to Mark Conlee and according to Mr. Conlee his lawyer told him there wasn’t a problem.
a. Jeff Junkins has an existing conflict of interest as he is a fellow employee of Mark and Linda Conlee.
b. Junkins made this statement at a public meeting as if it were a fact, possibly giving the general public attending a false opinion of the law.
c. The lawyer Conlee is speaking of, is not a lawyer at all, he is misrepresenting his brother, Lee County Detective Bob Conlee to be a lawyer. Conlee did not seek legal advice from a licensed attorney until later in the year.
OCTOBER 6, 2005 MONTROSE COUNCIL MEETING
3. He (Mark Conlee) said her fence blew over during a recent storm.
a. Mark Conlee is lying about my curtain blowing over, had that of happened he would have had pictures for evidence
4. Conlee says there is a lot of traffic there.
a. Mark Conlee has no view of my driveway from any spot on his property.
b. He fails to mention there is a 4 way stop on my corner. Everyone stops at that corner from any direction.
c. He is defaming my character to be involved with illegal drug activity to collude with his brother’s, Lee County Detective Bob Conlee’s, defaming statements about my character.
d. The fact that I operated a successful upholstery business does bring clients to my home, however it’s not a lot of traffic.
5. Conlee stated Mark Holland told him he could put a fence on his side of the line he shares with Melody Boatner.
a. By making this statement Conlee indicates Holland has responded to his questions.
b. In my complaints against Conlee’s redevelopment, Holland refused his appointed duty.
c. Holland stated that he had no intention of addressing my concerns about the nuisance drainage caused by the illegal redevelopment.
6. He (Mark Conlee) says he has put weed killer on his side of the fence.
a. Photo evidence proves this is a false statement made by Mark Conlee
7. He states Melody Boatner has put a black curtain on an insecure structure.
a. I did put a privacy curtain up, however it was not insecure. I was well within my rights to install a privacy curtain. I have the right to enjoy my own property. However what I could control on my own property was very little without taking up arms. I have the right to take up arms to defend my property and my person. Being a reasonable person I expected the law to intervene they did, but not upholding the law, what they did was in violation of State and Federal law.
b. Mr. Conlee made a habit of hollering across the yard at me telling me that he was over the setbacks and such. Out of sight, out of mind.
c. He would make sure my customers saw him by walking to the center of his yard by giving them an intense look of disapproval. This made my customers uneasy. His actions were not that of a reasonable normal person.
d. Had Conlee not been allowed to violate the law and change the frontage of his property to be the alley he may not have had the impression that my backyard was his backyard. It is actually his side yard. He committed perjury in his civil case against me stating he did not change the frontage of his property.
e. Conlee has no backyard to speak of as his entire property lot is filled with oversized structures that overfill his allotted space.
8. Conlee says Boatner has broken the law with her wording.
a.This is another false statement made in a public forum for the purpose of giving the community an unfavorable opinion of my character.
b. I was well within my right to post “Do not spray weed poison on my property.
c.The sign was on my property
9. Conlee says the black plastic on the lawn is a nuisance.
a. There is no ordinance stating black plastic is a nuisance, the material was not black plastic it was commercial landscape fabric.
10. The Conlee’s say they have never had words with her and they have done nothing wrong.
a. He has had words with me such as hollering across the yard to inform me that he was over the setbacks.
b.He along with the police chief acting as a witness advised me that he was going to violate the civil court ruling that cited my right to enjoy my property, by physically moving the landscape timbers I had placed on my side of the common boundary to divert the excessive stormwater runoff that he intentionally diverted onto my property.
c. They have violated every law in the book regarding redeveloping a legally nonconforming property.
d. However it is the duty of the City of Montrose to oversee that the redevelopment is compliant to State law.
e. The false statements he made to the public defaming my character were enough to give an unfavorable opinion of the general public, I was unable to wear clothes and was unable to function enough to publicly challenge him on his false statements. Not that I have the duty to hold him accountable to the law, that is the duty of law enforcement and the city.
11. They were attacked with the writing on the curtain and are emotionally upset.
a. This is not even debateable, I had every right to post “do not spray” and to install a privacy curtain
b. At the time there was no city fence ordinance.
c. I was physically and emotionally and financially destroyed by the intentional terrorist acts committed against me by Mark Conlee and his conspirators of local government authorities. Using chemicals as a weapon is according to law an act of terrorism.
d. My right to equal protection of the law was violated by the criminal offenses committed by Conlee and the other officials who acted on his behalf.
e. Evidence shows Conlee was actually advised by Mayor Dinwiddie not to encroach on the property line, to set the fence back from it. Conlee did not take Mayor Dinwiddies advice. Conlee installed his wooden fence with the wrong side out, however no person ever made him do it correct and compliant to State building code.
e. Conspiracy against rights and Deprivation of rights under color of law. Both of which are violations of Federal law.
12. According to Chief of Police Brent Shipman the reason he acted as a witness that Mark Conlee gave me advance verbal notice that he was going to violate the civil court order was because “Mark Conlee told him” that the wooded staubs I had put as markers 36″ away from the common boundary were survey markers.
- a. Police Chief told me this several hours after he acted as a witness for Conlee giving me advanced verbal notice
- b. Who would take a man’s word for something knowing there was a civil dispute between the parties involved
- c. Police Chief also advised me that Mark Conlee told him that I had paid for half of the survey. Complete fabrication, Conlee stated in court that he was going to have a survey done, he never did. I certainly did not pay for half of it.
- d. How ignorant for any reasonable adult to believe a survey marker is made from wood, wood rots. Survey markers are metal and do not rot away.
- e. It is hard to decide if Shipman is fabricating this information about Conlee or if Conlee actually told his this fabricated story. Chief Shipman had issues with being truthful early on in his short career as City of Montrose Police Chief. He was given the option of resigning and the City would give him a favorable recommendation at whatever department hired him next or he would be terminated for ethical violations. He slipped his resignation under the door of City Hall. He was hired as an officer in the Quad Cities, I believe Davenport but not positive. The staubs are 1½” X 8″ commonly used by construction companies.
- f. On one of the occasions when the city charged me with frivolous charges Officer Shipman was in the courtroom and made the statement that “he was wrangled into filing the complaint against me.” The city attorney immediately requested the judge to dismiss the case and the City of Montrose, Ia would pay all court fees. I never had to utter one word.