I hired Steve Swan to sue the City of Montrose in July 2005. This is not typical for a neighbor to have to do, the building authority has the duty to address residents concerns regarding nuisance drainage issues caused by new property redevelopment. He sent this letter to Conlee that afternoon. He lied by continuing to claim he filed a complaint against the City of Montrose. He stated that we would sue both parties, the City is where the money is at. Based on the fact that the building permits are illegal, the redevelopment of the legally non conforming property is illegal I knew full well who the liable party was. So what does his failure to represent my best interests fall in the justice system. An investigation would be required to find that evidence. The evidence supports the least of his immoral, unethical behavior is legal malpractice. This could be due to his physical disabilities, This man is morbidly obese. For him to actually get to the courthouse to file a complaint on behalf of a client has to be extremely difficult for him. He had to set on four chairs in the courtroom. I filed a complaint but of course the sided with Swan, We agreed to barter services for this case, after which he sent me a bill for $4000.00. I never was billed after I filed the complaint. Is it not the his responsibility to present evidence and question witnesses? He never did that either. I believe the evidence supports his actions are within that of a co-conspirator.
These individuals were intended to be witnesses in a case that should have been titled Boatner vs. City of Montrose, Ia, that is what Steve Swan was hired to do, that complaint was never filed. Steve Swan assured me that he filed the complaint against the city several times,it was he that advised me that we would sue both parties, the city and Mark Conlee. I was well aware that the liability was that of the city, Steve Swan was aware of that also. I met with him the first time so I could question his knowledge of the law pertaining to property redevelopment, legally nonconforming properties and the duty a city must provide for the residents. He was overpaid according to his own documented statements of evidence. Steve Swan was intentionally negligent, no attorney could pass the bar showing the skills he showed throughout this untimely process. Lee County Attorney Michael Short sent a deputy to investigate a complaint made by Mark Conlee against me, claiming he was concerned that there may be a conflict of interest. My witnesses were never interviewed by the City of Montrose Police Dept or Lee County Sheriff’s Dept. Mark Conlee make multiple false police reports against Boatner. Conlee was never concerned of being held accountable by the City of Montrose or Lee County Attorney Michael Short for his many criminal offenses including contempt of court. They fully participated in every action he requested, legal or illegal, nobody showed any concern for the law that they were violating by participating.
Documented evidence proves Lee County Attorney Michael Short advised Boatner that he would need and independent investigation. I am not certain what County Attorney Short meant by “an independent investigation”. Due to the fact that none of my witnesses were ever interviewed in what would be considered a typical investigation. I stated that I wanted an investigation I am still today patiently waiting to hear from Lee County Attorney Short as the the results of his independent investigation.
My witnesses took the stand to testify on my behalf in a civil suit Mark Conlee filed against me. Conlee vs Boatner EQEQ 004043 cause of action, loss of enjoyment to his property. They were not question by Steve Swan. My first witness was a former tenant of the Conlee property, well aware of the existing berm and the fact that when it rained the berm held back the stormwater from my property causing the front yard of Conlee property to retain a small pond. Swan never asked him any questions. I asked him why he didn’t question that witness about the berm. Steve Swan advised me that the judge uses his own common sense. In the previous criminal cases against me I never had to speak a word as the evidence was undeniable. Had Steve Swan submitted the written affidavits and photo evidence that supported my allegations. Unfortunately Steve Swan was to incompetent to file a complaint against the liable party, the City of Montrose, question the witnesses who should have been viewed as experts in their field, notify me in a timely manner that a decision had been made.
Due to the fact that after multiple requests from Boatner for the building administrator Mark Holland to come to the location and address her concerns, he refused. A witness was prepared to testify that she asked Holland if he was going to go to the location and address Boatner’s concerns. He replied that he had no intention of going to Boatner’s to address her concerns. Knowing that the expert on this situation would be the local FEMA director Steve Cirinna. Knowing that a conflict of interest exists due to the fact the he is the husband of the city clerk Celeste Cirinna his opinion was not an option. Through a referral from the internet source Boatner contacted Lee County Extension Agent Robert Dodds for an opinion regarding the nuisance drainage issue. Mr. Dodds did come to the location as a professional courtesy. Mr Dodds noticed some discrepancies that I had not, I only noticed that the building permit was not signed by the builder as required by State of Iowa law. The following letter was written to me advising me of his opinion to some questions I had asked him. A copy was also sent to Mayor Dinwiddie along with a copy of the State drainage laws. This letter was never discussed privately with Boatner or at a public council meeting. This letter was not submitted as ongoing business to the next elected administration of Mayor Tony Sciumbato . This expert’s opinion was ignored in this case, yet there are numerous instances unrelated to Conlee-Boatner nuisance drainage issue in which public record shows Mr. Dodds opinion was requested and respected. At this point any reasonable person would recognize a conspiracy to deprive me of my Federal Constitutional Right to Equal Protection of the Law and my Right to Enjoy my own Property at the least of the issues in this case.
This is the damage to my foundation due to the illegal removal of the existing berm by Mark Conlee. I requested multiple times for the building official to come to the location and address my concerns. Conlee’s will claim that the damage was caused by storm water runoff coming from the street. However it has already been established that Boatner hand dug the ditches bordering her property upon purchase in 1995. Prior to repairing all damage caused by the lack of maintenance by the city of many years. This photo is from the basement of Boatner’s home. Shot toward the right front corner, The front of the house facing 5th St is dry, easy to distinguish by the light color. The left side of this photo is the side of the home that faces Conlee’s property. Easy to distinguish this soil is saturated by storm water caused by illegal removal of existing berm by Mark Conlee along with the regrading of his entire lot due to him changing the frontage ¹ of his new home to be toward the alley. He regraded the entire lot downward to drain onto Boatner’s property.
¹Conlee committed perjury in civil court Conlee vs Boatner Eqeq
This photo shows the soil saturated and the foundation washed out, this is the side of the house that faces Conlee’s property. According to witnesses Tonya Adkins and Stuart Westermeyer both former owners testified that the property never received storm water runoff from the Conlee property. When there was a heavy rainfall because of the berm the front yard of the Conlee property became a pond,the berm held all the water from running onto Boatner’s property. Witnesses were prepared to testify to all this and I have written affidavits stating this as true. Attorney Steve Swan failed to submit affidavits and to question witnesses on my behalf in a civil suit Conlee filed against me for loss of enjoyment to his property. Yes that is a tell tale sign of narcissistic personality disorder. I will post all the court records as the events happened.
I contacted Mayor Dinwiddie, building official Mark Holland and every other council member on this day. I requested each of them come to the location and see with their own eyes the flooding of my property caused by Mark Conlee’s illegal property redevelopment. Only one of the council members had the professional courtesy to answer my request, Cathy Roberts Farnsworth saw the adverse effects my property was having. Building official Mark Holland had the duty to act as the authority. he is the only authorized authority to represent the State building codes for the City of Montrose, Ia. He had been on notice since fall 2004 and had not preformed his duty on my behalf. That is to untimely to consider he is not conspiring with Mark Holland to violate my Federal Right to enjoy and equal protection of the law under color of law.
Here you can see it standing it the level spot that we had the pool set up. This yard has never held water in the past. I may have more knowledge than most about these issues but building administrator Holland has a manual that states the standard procedure required for redeveloping non conforming properties, his lack of concern was not due to ignorance, it was due to conspiracy intent to deprive me of my rights under color of law. Witnesses will testify that he questioned them about site layout when they were issued a building permit for their new home. He refused to answer my concerns and continued to issue Mark Conlee two more building permits. It is noted on public record that Holland did drive by, that will be posted by the date of the meeting.