Hearsay evidence is more credible than hard copy documents, photos and a list of witnesses DESCRIBED as experts in their own right.

Hearsay Evidence based on “Mark Conlee said”

Evidence based on hearsay, “Mark Conlee says” when my evidence was hard copy documents, photos and a compelling list of witnesses described as “experts in their own right”. My evidence has never been reviewed by any government authority. 

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. 

Authors note. Standard procedure would be that the complainant would confirm whether an issue has been resolved. There was no excavation of a ditch in front of the Conlee property, the drainage problem was caused by the new structures built on fraudulent building permits issued by the City of Montrose, Ia. The new structures are non conforming in size for the lot size required by the State of Iowa building code. Also in violation of the State of Iowa building code is the change of the frontage of Conlee’s property. The existing frontage was 5the St. it has now been changed to be the city alley between 4th and 5th St.    

May-5-2005

MONTROSE COUNCIL MEETING

2.  Councilman Junkins said he talked to Mark Conlee.  “Mr. Conlee said” his attorney advised him there wasn’t a problem.

Jeff Junkins has an existing conflict of interest as he is a fellow employee of Mark and Linda Conlee. Junkins made this statement at a public meeting as if it were a fact, possibly giving the general public a false opinion of the law. The lawyer Conlee is speaking of is not a lawyer at all, he is misrepresenting his brother Bob Conlee, who was at the time a Lee County officer, to be a lawyer. Evidence proves Conlee did not seek legal advice until later in the year.

OCTOBER 6, 2005                                                                                                                   

           MONTROSE COUNCIL MEETING                                            

3. “He (Mark Conlee) said” her fence blew over during a recent storm.

Mark Conlee is lying about my curtain blowing over, had that happened he would have had pictures for evidence.

4. “Conlee said” Mark Holland told him he could put a fence on his side of the line he shares with Melody Boatner.

By making this statement Conlee indicates Holland has responded to his complaints about me. In my complaints against Conlee Holland refused his appointed duty to address complaints from neighbors of new redevelopments.. Holland stated to a fellow council member  that he had no intention of addressing my concerns about the nuisance drainage caused by the illegal redevelopment. 

5. He (Conlee) says” he has put weed killer on his side of the fence.

Photo evidence proves this is a false statement made by Mark Conlee

6. “He (Conlee) says” Melody Boatner has put a black curtain on an insecure structure.

I did put a privacy curtain up, however it was not insecure. I was well within my rights to install a privacy curtain. Mr. Conlee made a habit of hollering across the yard at me telling me that he was over the setbacks and such. He would make sure my customers saw him. by walking to the center of his yard and giving them a staring look of disapproval. Had Conlee not violated the law and changed the frontage of his property to be the alley he may not have had the impression that my backyard was his backyard. What he seems to believe is his backyard now is actually his side yard. Conlee has no backyard to speak of as his entire property lot is filled with oversized structures that overfill his allotted space.

7. “Conlee says” Boatner has broken the law with her wording.

This is another false statement made in a public forum for the purpose of giving the community an unfavorable opinion of my character. I was well within my right to post “Do not spray weed poison on my property. The sign was on my property.

8. “Conlee says” the black plastic on the lawn is a nuisance.

There is no ordinance stating black plastic is a nuisance, the material was not black plastic it was commercial landscape fabric.

9. “The Conlee’s say” they have never had words with her (Boatner) and they have done nothing wrong.

He has had words with me such as hollering across the yard to inform me that he was over the setbacks. 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 storm water runoff that he intentionally and illegally diverted onto my (Boatner’s) property. They (the Conlee’s) have violated every law in the book regarding redeveloping a legally non conforming property. However it is the duty of the City of Montrose to oversee that the redevelopment is compliant to State law. The false statements he made to the public defaming my character were enough to give an unfavorable opinion of the general public, Due to the serious effects of the toxic chemicals he (Conlee) applied on my private property, I was unable to wear clothes. I 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.

10.  “They (the Conlee’s said”) were attacked with the writing on the curtain and are emotionally upset.

This is not even debatable, I had every right to post “do not spray” and to install a privacy curtain, At the time there was no city fence ordinance. I was physically and emotionally destroyed by the intentional chemical assault committed against me by Mark Conlee and his conspirators of local government authorities. My right to equal protection and due process were violated by the criminal offenses committed by Conlee and the other officials who acted on his behalf. As a group they committed Conspiracy against Rights and Deprivation of Rights under Color of Law. Both of which are violations of Federal law.

A person with this kind of character and influence with the local government officials that is living anywhere near you, be aware that you are in constant danger of being legally abused. 

Here is a man continually applying toxic chemicals on my private property for over five years. It was obvious with the naked eye to see that my health had been severely affected by these chemicals to which he has no regard or empathy. He had to have my (Boatner’s) property to ever get his illegal non conforming redevelopment recorded on the County plat map. He, assisted by an entire entity of government, was willing to do whatever it took to eliminate me.

 Yet he has the grandiosity to state that he was attacked by me posting “Do not spray” on my property line where chemicals had been sprayed since May 2005.

I had the right to take up arms and defend my person and my property. I felt that was extreme due to the fact that laws for trespassing are commonly filed and by law enforcement and violators commonly prosecuted by County attorney’s to protect private property rights. 

I did not realize the influence this neighbor/council member had. I did not know that law enforcement would hold him higher above the law than he held himself.

I made the wrong decision in believing that my rights were as guaranteed as Mr Conlee’s and every other citizen of the USA.

The City officials who were, in this case, more than willing to conspire with Mr. Conlee’s needs to violate my State and Federal Constitutional Rights have no history of violating the State and Federal rights of any other residents of the City of Montrose, Iowa.  

Using a conflict of interest for self serving financial profit is a violation of Ethical rules for government service.

Fraudulent building permits, fraudulent ordinances and fabricated laws were all used by these conspirators. These are criminal offenses.

This case is far from being over. Justice will be served either the easy way or the hard way. That is a promise I made to my dear departed father and myself. In my opinion a jury of my peers would find that justice served is justice deserved. 

The liability in this case lies with the City of Montrose, County of Lee, Ia in their official and individual capacities. Mr. Conlee did not do anything that he was not allowed to do by local law enforcement.

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