9-1-2005 Johnson to Swan letter, full of false statements


TELEPHONE 372-2532 AREA CODE 319 FAX 372-792

 

E-MAIL Johnson@chmi

September 1, 2005

Steve Swan

1013 Concert Street

Keokuk, Iowa 52632

Re: Melody Boatner – Mark and Linda Conlee

Dear Steve:

Ms. Boatner has had major surface water problems since she bought her home. That’s because her lot is lower than the land around it.¹ That was true before my clients added dirt to level their lot. Before my client’s lot was leveled, it steeped more sharply towards Ms. Boatner’s property and sent more water her way.² Also, my clients built their new home deeper in the lot then the prior owner’s house, which results in roof water draining towards Mr. Boatner’s back year instead of towards her home.³ The old driveway described as a “berm” was man-made and apparently altered the natural flow of surface waters to Ms. Boatner’s benefit. Because it was man-made, my clients had the right to remove it They have plans to build a raised garden in the same general vicinity as the old driveway, which may similarly benefit Ms. Boatner.

Mark suggested to Ms. Boatner that she lay tile around the perimeter of her house. That would have been a simple,but effective remedy for Ms. Boatner, but she’s not done that. Mark and Linda attended a council meeting and convinced the city to dig a drainage ditch in front of their properties. Ms. Boatner stood to benefit from that proposal, but didn’t bother to attend the council meeting. She later complained that she has to maintain the drainage ditch that was installed as a result of my clients’ efforts.

Mark and Linda are trying to get along with Ms. Boatner. They will not, however, agree to a drainage ditch on their land. In addition to being unsightly, a ditch would be a maintenance problem and a liability concern. Ms. Boatner is, of course, free to do what she wants on her own land.

I think we can resolve this dispute if we all meet at the properties and discuss the options.

                                                                                      Very truly yours,

                                                                                                   Gregory A J

                                                                                                    GAJ/tas Cc: client

Completely false statement. A Review the transcripts and an email to Boatner from Steve Swan ESQ will show Conlee’s only witness testified Boatners property never received stormwater runoff from Conlee property. Water damage was caused by stormwater running from the city street which Boatner remedied before she repaired the water damage to her home when she purchased it in 1995.. Witnesses Randy Kirchner and Stuart Westermeyer were prepared to testify to this. Boatner’s attorney Steven Swan ESQ intentionally suppressed their testimony and affidavits from the court. Swam conspired to violate Boatners State and Federal right to enjoy her own property.
Expert witness on Boatners behalf Robert Dodds was prepared to testify that a berm and swale that has been in place for 10 years is considered existing and cannot be removed, Boatner’s attorney suppressed Dodds testimony
There is no reason Boatner should have to make any alterations to her property do to a neighbor’s illegal property redevelopment. That is not typical or acceptable by any reasonable standard. It would have been reasonable for the building official to do his duty and oversee compliance to State building laws. This redevelopment was not to code by review of blueprints.
There is no reason Boatner should have to make any alterations to her property do to a neighbor’s illegal property redevelopment. That is not typical or acceptable by any reasonable standard. It would have been reasonable for the building official to do his duty and oversee compliance to State building laws. This redevelopment was not to code by review of blueprints.
5 This is so outrageous and false it is unbelievable. Any reasonable person can visually see the increased stormwater to Boatners property is a direct result of Conlee’s illegal property redevelopment. The Conlees never had a ditch install

 

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