Evidence based on hearsay, “Mark Conlee says”

WITNESSES on my behalf

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.

 Authors note:

 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.

 

 

5-13-2005 Letter from Lee County Extension Agent including Professional Opinion on Nuisance Drainage Issue

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.
5-13-2005 Bob Dodds letter to Mayor Dinwiddie
5-13-2005 Lee County, Ia extension agent Bob Dodds letter answering questions Boatner has asked, identifying errors or violations of drainage laws to Boatner and  Mayor Dinwiddie. He included a copy of the Iowa storm water management regulations.

3-10-2005 Foreseeable adverse effects to Boatner property have occurred crawlspace and back yard.


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.