Nonconforming Uses, aka; Grandfathered Use in Zoning

nonconforming use is generally defined as a land use or structure that was legal when established but does not conform to the standards of the current zoning ordinance. The term“nonconforming use” actually covers several situations, including nonconforming uses, lots and structures.

Pre-existing land uses that do not conform to current zoning are not favored. The ultimate goal of zoning is to achieve uniformity of property uses within each zoning district. At the same time, landowners have made investments in their businesses and buildings, and it would be unfair — not to mention illegal in some states — to require immediate termination or removal. Rather than require the immediate elimination of these preexisting uses, the zoning ordinance will outline a set of conditions for the continued existence of nonconforming uses.

Although state courts apply different interpretations to local zoning codes regarding nonconforming uses, the expansion, enlargement or intensification of a nonconforming use in almost all cases can be regulated or prohibited.

Resumption of a nonconforming use or structure after it has been destroyed may be prohibited in some states. In other states the right to re-establish the nonconforming use exists. Zoning ordinances traditionally have set a specific threshold– for example, a percentage of assessed value — for defining what constitutes destruction, and courts generally defer to the stated threshold. Again, the principle is to allow landowners to continue to reap the benefits of investments made in their properties. If those investments have been destroyed, however, the community may or may not have an obligation to allow a landowner to reinvest in a use prohibited by current zoning.

To prevent nonconforming uses from becoming blighted properties, zoning codes generally do allow for routine maintenance and repair, so long as such activities do not constitute expansion or enlargement.

Once a nonconforming use has been abandoned, its resumption can be prohibited. Most ordinances state a time period, usually six months to a year, that creates a presumption of abandonment if the property is not used for that period. Some states do not allow just a passage of time to establish abandonment. The issue of what constitutes abandonment is one that is generally the subject of much state court case law, with some courts requiring that an “intent to abandon” be shown before the nonconforming use is considered to be terminated. The intent to abandon may be something like a list of criteria, in the zoning ordinance, from which “abandoned” is established from a preponderance of facts about the particular situation.

Gary D. Taylor,

Iowa State University

6-1-2002 Original Property Layout
Original Property Layout Lots 1-6 equals six 1/2 lots.
after redevelopment aerial shot (569x291).jpg
Conlee’s nonconforming property redevelopment after completed.

Behavior so outrageous no reasonable person would do, this behavior was condoned by an entire enterprise of local government authorities.

  • These crimes were committed by my local government officials. I have been denied the right to speak locally at a public forum. My case is complex and unprecedented. It is true that chemicals were used unlawfully on my property with intent to cause serious injury. The chemicals did cause serious injury. Had I not chosen to be forced to flee and remained on my private property I would have lost me life to the illegal chemical exposure. This is nothing short of attempted murder. The motive for  these local government officials to commit the criminal offenses they committed  was on behalf of one person. One of them had to acquire my property. He illegally redeveloped the lot that he purchased from the mayor. With no regard to the State building code and drainage laws.  Illegal issued building permits by the city building official. He chose to build nonconforming structures. I complained after the second structure cause damage and loss of value of $10,000 to three undeveloped lots of my property. The building official refused his duty to address my concerns. He issued 3 more building permit after my complaint. When this neighbor went to have the redevelopment recorded on the county plat map he was denied. Too much square footage of structures for too little square footage of property. He determined the remedy was to acquire my property.  I had purchased my property in 1995. This property  provided my home and my livelihood. I operated an upholstery shop from that location.

    The plot began by defaming my character by this neighbor’s brother who at the time was an officer for the County Sheriff’s dept. Soon after he was promoted to Detective. With that he knowingly made false statements that I was associated with illegal drug activity over the police radio. He was stalking me and if the truth were known I would bet that is the cause for this high ranking officer to retire and take a full time job driving a school bus.  Before long the entire community believed that I was going to be busted for illegal drug activity. Anyone with common sense would have realized that the drug task force does not leak any information of that type to the general public. I was never concerned of being busted for any illegal activity. Then defamation of my character was began by a family member, stating that I was crazy, this is the same person the detective was claiming I was associated with in the alleged illegal drug activity. I defended my property against the massive amount of storm water that was intentionally diverted onto my property from the illegal property redevelopment. This was foreseeable by a review of the blueprints by the city building official, required by the State before a permit is ever issued. When the neighbor began unlawfully applying toxic chemicals to my property I could not defend or defeat those. They took me from happy and healthy to a state of unable to function in a rapid time period. I suffered for five years believing at some point somebody would step up and protect my rights, they never did. Even in spite of a civil court order citing my right to enjoy my own property. This neighbor had no concern of ever being held accountable for his trespassing, his intent was to cause me physical harm or death. He was determined to acquire my property at any cost. He had to eliminate me. Evil has won so far.  I have always been one that will take the short end of the stick just to avoid confrontation. I do not have that mindset today. I feel like these criminals are going to get away with the brutal attack they made on me. I feel it is my duty take up arms against my oppressors, I have been more patient than any reasonable person could expect to be.

     I hired an attorney to sue the city for the nuisance drainage issue the redevelopment caused to my property, prior to the use of chemicals. There is a nuisance drainage ordinance that was ignored by the city and my attorney in my defense. He sent a letter of intent to the neighbor the following day. I hired him to sue the city as they are the libel party, he is the one who advised we would sue both the neighbor and the city, adding the city is where the money is at. I already knew that. That is why I hired him to sue the city. He never did anything in my behalf after the letter of intent. He never filed a complaint against the city. He never filed the injunction as he stated in the letter. He took my money the first day we met specifically to file the complaint against the city. that was in May. In Sept. i get served papers that the neighbor is suing me for, get this, loss of enjoyment of his property. Between the time my lawyer sent the letter of intent and I got served from the neighbor I developed the “rash”, my attorney knew about it. He advise he would file a counter for the drainage, when I handed him my list of witnesses his jaw about hit the floor, he stated “this witness list is compelling in itself” which I already knew. Throughout this time he assured me he did file the complaint against the city. I admit I was naive. I had never needed an attorney before. I requested the attorney to come to the location and review the situation. He declined, again with a snicker stating that he did not need to see it. I took that to mean he had this case in the bag, he definitely had the evidence.  In hindsight perhaps he declined looking at the situation because he is morbidly obese. He needed to set of three or four chairs in the courtroom. There are complaints filed against him by the ABA. A year later when got to court. The neighbor committed multiple counts of perjury, my attorney was well aware of this, he was also aware that the judge misquoted the testimony of his only witness. My witnesses all took the stand even though we all thought they would be testifying against the city. My attorney never asked one single question of any one of my compelling witnesses, not one. When the first witness stepped down from the stand I asked my attorney why didn’t he question him, his testimony was very relevant in regards to the existing berm that was illegally remove, increasing the storm water runoff. My attorney advised me that the judge uses his own common sense. Now I might be naive, but I am not ignorant. A person must be given relevant information to make a sound judgement. It was the final day of that civil case that I asked him “what about the city” he advised me with a “snicker” that he did not want that case any longer. No attorney is that incompetent and passed the bar exams. He clearly did not stand behind his oath to represent my best interest. He sent me a final bill for $4,000. I made a complaint against him to the bar assoc., they determined he had not misrepresented me, but he never sent me another bill. The fact that this neighbor offered me two out of court settlements, had they been submitted to the court, is evidence of admission of guilt. How often does a plaintiff offer out of court settlements to the defendant?

    The judge in that case dismissed both complaints citing my “right to enjoy my own property”. He ordered that we split the court fees. I have never paid my half, hoping I would get a bench warrant and access to the judge again but I know that is not going to happen. My attorney did not submit the written affidavits or the photo evidence. I was advised by an online contact to go to the courthouse and see just what he did submit, he submitted nothing. I had the case covered against the city, the was no defense to the behavior these officials  displayed. My attorney did not have to do any leg work. I only needed someone to present it to a judge.

    With the dismissal of his case against me the neighbor decided to get on the city council and use his position to continue his vendetta against me. This was a all planned, to allow this neighbor to acquire my property. The police chief did every he was told to do by this neighbor, not according to his duty to enforce the law. He was given the opportunity to resign with a good recommendation to the next department that hired him or be terminated within the year. I understand his resignation was related to ethical behavior. With the County Attorney actively conspiring against me the only option I have left to my knowledge is the FBI. I have contacted every agency, organization and individual I can find. All agree that I have been violated but none seem to have the authority to hold accountable. Senator Grassley has requested two congressional inquiries into my case, no Fed authority has ever reached out to me. I on my own have multiple times called the FBI only recently have I made any progress at all. An agent has agreed to meet with me to review my evidence, but every week he or I have had to canceled, last week he told me that it will be a couple more weeks before he can even consider having the time, I told him the evidence I have takes a good 12 hours to review. He advise that he has no intention of spending 12 hours reviewing my evidence. So how can you determine the status of a case without reviewing all the evidence? I ask myself. He had an attitude from the get go, He seems to have grasped some of what I have told him. I know that reality all the law enforcement have the blue line syndrome, to protect other officers. I have no expectations of anything coming from the half-ass review of my evidence.  The most recent act of conspiracy was in April when the newly elected sheriff told me that he went to city hall and WARNED the city clerk that an investigation was happening, I am not aware of any investigation happening. I asked him what she said and he told me that she told him she didn’t know what he was talking about. By the weekend the city’s webpage had been taken down. The web page contained all the council meeting minutes from 2005 to date. The sheriff conspired with the clerk to suppress evidence. He also told me his guys were investigating my allegations. I have heard no more from him. How much intelligence does it take see that document fraud has been committed by the city clerk, the forgery looks like a kindergartner did it. That is just one count of fraud she committed, do you have the link to my site https://poisonedbymyneighborfromhell.com  

    I knew I was dying, the chemicals he used are lethal, he had been using chemicals on my property for a year before being elected to council. After that he assumed he had the authority to act as the position of street department director. He does not have that authority. The city doesn’t have insurance to cover anyone but the actual street dept. employees.  A neighbor two properties down contacted the EPA.  They only got involved because after he was elected to counsel he decided to apply chemicals to the city easement of my property. Not thinking about it being the point source of a creek that feeds into the Mississippi river. He has connections with the local agri supplier. They would not test our common boundary as I requested. I believe he used something they still had around that has been banned the first year. I believe that due the the rapid effect it had on my health. I was disable in the first year. His intent was to acquire my property. no holds barred. The police chief told me once that he did not want to make this neighbor mad by filing any complaint against him. I needed a trespassing complaint filed if I were to ever get protection from the law. What the heck kind of statement is that, afraid of this guy to the point that he can kill me with illegal application of chemicals? I don’t get it. What is so special about this guy, beside the fact that he is vindictive and a habitual liar? Not one person upheld the law in this case. The county attorney recently retired. I read something about the statue not starting until a violator has left his position, do you know anything about that. I have a limited formal education. I am an upholsterer for crying out loud. It is not my job to protect my rights its the job of the city and local police. Sorry but if someone will listen I am compelled to tell what I can squeeze in. Not one person has given me the opportunity to present my case. Only me and this neighbor know the entire story.

  • I contacted many reputable attorneys in Iowa since the first one threw me under the bus. All agree that I have a case. All had the same reason for not taking my case. They simply do not have time to dedicated to such a complex and unprecedented case. I understand that, but I do not and will not be the only victim in this situation. I have been as patient as anyone can expect. On behalf of my dad I can not let them get away with this. I will do what I feel necessary to expose this enterprise of criminals. Please share with any contact that may have a contact, I really do not want to take the law into my own hands. I want the system to do their job. I am losing hope that will happen. No person has ever been subject to intentional chemical exposure. The law of trespassing has prevented this from happening to anyone else. This is typical to my life. I have been bullied my entire life. This was so significant I cannot simply walk away. Do you understand how I can feel this way?The current county attorney along with several other experts have advised me that this is a case for the FBI.

    The city clerk has a conflict of interest. The storm water management manual is put out by FEMA, her husband is the County Fema officer, He would have been the expert for me to go to when the city failed to enforce the nuisance drainage ordinance against this neighbor. But due to the conflict of interest I got an expert opinion from the Lee County Extension officer Robert Dodds. Mr. Dodds came to the location, took photos and wrote me a letter answering my questions, he also sent a copy of the letter along with the storm water drainage laws to Mayor Dinwiddie. It was Robert Dodds who noticed that no fee was charged to this well connected neighbor for his illegal building permit. I noticed that the building official issued and approved the permit and he signed it, however it was missing the most relevant thing that alleviates the city’s liability, the builder’s signature. Mr. Dodds happened to live in Montrose to, I did not know that until he came to the house that day. He came out of professional courtesy. The building official had the duty to address my concerns and stated to a council member that he had no intention of addressing my concerns. You are familiar with legally nonconforming properties right? They have very strict rule when it comes to redeveloping those properties. This guy was completely allowed to disregard any rules, he built a two story garage oversize to the degree he altered the direction of the roof surface so that it diverted all storm water directly onto my property. You are required by law to divert storm water to the city drainage ditches, that is the standard procedure whether we are talking about typical or nonconforming property. He never installed drain tile around the slab. I was told that the reason he was building such an over sized nonconforming structure was because he intended to build a living quarters in the upper level. The next spring there was a suspicious fire, that destroyed the small existing double-wide mobile home. I called the State arson hotline. But when the Fire chief is also the building official what are the results going to be? He was issued a permit to build an over sized new home, again both of his structures are illegal. The new home he also had to squeeze onto the property, he altered the roof with this structure also to divert all storm water onto my property. He illegally removed an existing berm, regraded his lot so that all storm water from his entire lot diverted onto my property. All of this is illegal. The permits are illegal. The building official continued to issue three more building  permits to this guy who is above the law. In fact when I first notified the building official that there was a problem with the drainage it was not the city building officials who arrived at his house, it was his brother, a detective for the Lee County Sheriff’s office. This detective has no authority to act as anything in the City of Montrose, he has no jurisdiction in the city. He sure has no authority to act as the building officials. That amounts to a conspiracy as defined by law. I have no authority to prosecute criminal offenses. When Mr. Dodds sent the letter referring to why he was charged $97.00 for a permit for a garden shed, he questioned why this neighbor was charged no fee for the permit for his new home, not to mention the lack of the builder’s signature. The following year the Mayor never ran for election. He began building a beautiful new home on the riverfront. He was the Mayor for 8 terms. He sold this property adjoining mine and hauled butt on my complaint. Not that he was ever considering actually managing the building official to do his job and remedy the drainage issue caused by the illegal redevelopment. This neighbor suspiciously was elected to council. This needs to be investigated as I do not believe the timeline for being a candidate was enforced.

    My only duty for a remedy to the drainage was to report the nuisance drainage issue to the building official. Knowing that the previous Mayor most likely did not forward my complaint to the new Mayor I again went to the city council meeting to address this drainage issue again. The neighbor newly elected council member should have been excused to leave the room due to my complaint being about him, but that did not happen. I mentioned to the council that the building permit for the new home showed no fee had been charged. The neighbor sitting as a council member and the building official at the same time spoke up and stated there was a fee paid for that building permit. I knew at that moment document fraud had occurred. A person does not need a degree in criminal justice to figure this situation our. A need for common sense is required. The next day when I knew the clerk was at lunch I went down to city hall and got a copy of the permit that was now on file. Sure enough to contradict the information Mr. Dodds had mentioned in his letter about no fee was charged there was now a fee amount shown on the permit. It looks like a kindergartner did it. It is a criminal offense however and I do not have the authority to prosecute criminal offenses. My point is why should these people not be criminally prosecuted by the justice system for their criminal offenses? The clerk committed multiple counts of fraud on behalf of this well connected neighbor/council member. Generally civil cases come after criminal cases, such as OJ Simpson for an example. The use of chemicals was intentional to cause me serious injury. The evidence leaves no doubt about that, it is a fact. That is defined as terrorist acts by law. A Federal agent should be anxious to investigate a case alleging public corruption since it is listed as a high priority for the DOJ. I may be wrong but it takes a prosecuting attorney to file criminal complaints against citizens, doesn’t it. Perhaps that’s the reason no attorney would respond. There were attorneys interested due to the detection of Roundup but I had to be diagnosed with cancer or dead first. They were interested in suing Monsanto. If given the opportunity to present my evidence to a higher authority they would know that I had no authority to do anything to stop this criminal enterprise. They conspired to violated my rights in every way. They used chemicals to acquire my property. For crying out loud how can that be acceptable and not deprivation of rights under color of law. I am not skilled in presenting information with computer programs, the slideshows I put together are pretty good in understanding I have been told. Did you have the opportunity to view them? You do understand in summary all my asset are gone. I was blind until 2012 when I was accepted for disability and was able to have my vision restored through medicaid program. Three of my undeveloped lots lost a value of over $10.000 do to the drainage.You are not allowed to do anything to your property that causes a neighboring property to lose value, that is illegal.

    My credit rating was 760 prior to the intentional chemical exposure. I did the Suzie Orman thing. I practiced preventive medicine. I had enough saved to last me six months without income. I had a successful self employed business that I operated in the workshop that I customized just for upholstery work. I did everything according to Hoyle. Now I live on $730.00 p/mo. I had my property paid in full. I have to pay rent out of my monthly check. There is nothing right about what they put me through. It was torture.  He could not have accomplished this without the assistance of these local city and county officials. The evidence supports Conspiracy against rights and deprivation of rights under of law.

The Law of Nonconforming Uses

via The Law of Nonconforming Uses

 

 

in the circled area Value is handwritten $40,880 Fee $ is blank. The issue date at the top is 7-12-2004. Complainant had only noticed that this permit was invalid due to no Builders signature. Clearly Building Administrator Holland was intentionally negligent at least for his lack of oversight and pre-approval of issuance of this permit
0005Celeste Cirinna, City of Montrose Exec Manager.pptx
Original building permit altered to conflict with the information contained in the letter written by Lee County Extension Agent Bob Dodds.

Summary of medical and health conditions presented during the time I resided by my new neighbor.

For any adult with a primary school education not to recognize the attack committed against me for the purpose of acquiring my property is an adult who has no comprehension of moral law. For my local government officials to assist in the attack against me is unbelievable. These officials have acted to the extreme level of corruption on behalf of one man. I do not understand exactly why there would commit criminal offenses to this degree. To do anything to someone else’s property without their permission shows that person has no moral turpitude. When all local government officials knowingly assist the trespasser in his quest to acquire my property I have read make them as culpable as this special neighbor.

My intent is to expose these individuals and have my day in court. The evidence does not lie. I have contacted every government local, State and Federal official, organization and agency known to have the authority to investigate my allegation, all respond they do not have jurisdiction most people or agencies do not respond at all. Chemical weapons are the most damaging weapon used in war. Agent orange continues to affect those who were exposed to it from first used in the Vietnam war.

Being intentionally exposed to chemicals by my well connected neighbor continues to physically and emotionally affect me every minute of every day. To date I have suffered from a severe skin condition, I am speaking of excruciating pain 24 hours a day. So extremely painful that it was unbearable to have anything touch my skin. This started as what I at the time referred to as an allergic reaction or rash of some kind developing on my shins. I have no history of skin eruptions, not even a case of poison ivy. The severe condition lasted over 7 years.

Apparently there is no other case in which local law enforcement have not followed their duty and filed a trespassing complaint if someone trespasses on the land of another. There was no recognition that this was a moral wrong by any of the local officials.

I was ready to check of of this life. I had decided that I could not stand to suffer another day with this condition when one single Dr saved my life. As of today I have it under control. This Dr. is from the University of Iowa Hospital. developed a large lump on my back, I have no history of lumps on my back. It has since been removed. Understand when this “allergic reaction” or “rash” rapidly worsened I went to a local dermatologist. I explained to him that I was self employed with no medical insurance. I advised him that I could not afford educated guesses. I did not advise him that my neighbor had been continuously trespassing on my property and applying chemicals. I did advise him that I had been exposed to chemicals. Why did I not tell him that the chemical exposure was ongoing and continuous? Because how could that be possible? Law enforcement has the duty to protect property owners from trespassers. That Dr. would question my sanity had I told him the truth about the amount of chemicals I had been exposed to.

This just does not happen in the USA. It violates my right to enjoy my own property and my right to equal protection of the law. The Dr. make several educated guesses, he misdiagnosed me as being allergic to the sun. When I went for a checkup a week later he believe that I had ignored his advice and had been in the sun. I had not been in the sun, what he believed to be sunburn was the chemical burn resulting from the chemicals applied to my property by my neighbor. He gave me oral steroids the first appointment, no positive effects resulted from the steroids. He then determined my condition was caused by something else. I do not recall what that diagnosis was, I recall that the steroids given for that diagnosis were ineffective. He did not consider the chemical exposure to be the cause of my condition. He did advise me to find out what the chemical was, stating that he could better treat if he knew the chemical.

I went to the next monthly city council meeting to inquire as to what the chemical used on the city easement of my property was. The room went silent. The Mayor and council members stared blankly at each other. The neighbor was a sitting council member, he did not utter a word. Not one of the members spoke one word. Professional courtesy would suggest one of them may have offered to find out. I advised them when I had the floor that I needed the information for medical purposes. Nobody cared that I was standing in a weakened condition, arms clearly visible and raw. I exited the building with no answers. The following day I saw the Street dept operator coming down the street my way. I walked to the street and stopped him. I advised him what took place at the meeting and how brutal I felt I had been treated by the community leaders. His response was they could not tell me the chemical as they were not aware any chemicals had been applied on my property, or anywhere else in the city for that matter.

Only my neighbor/council member knew the answer to my question. He had an intent for his actions, he was not going to say a word about what the chemical was that he applied to my property. The dermatologist had ran his limit on educated guesses with my finances. I did not return to him. The pain I was suffering increased as rapidly as the skin condition began to cover my entire body.

I requested the neighbor be issued a trespassing complaint from the Chief of Police the day I discovered the evidence that chemicals had been applied to my property. The chief of police advised me that he did not want to make this neighbor mad and denied my request. I requested an incident report from the police chief when I first discovered chemicals had been applied to my property. I received and insufficient incident report. I rejected that report and insisted a report be given to me that had the factual information included. A week later I received a report that was substandard but I accepted it as it touched on what took place. One problem with this requested incident report was the fact that I received the report 16 months after I first discovered the chemicals on my property. The timeliness was supportive to the neighbors motive for applying the chemicals as by this time I was completely unable to function. I went to several different Drs. during this time. None could offered any remedy, all offered oral steroids having no relief from the pain. This had been ongoing now for several years, beginning in spring 2005. This neighbor had the chemicals applied to my property as part of his own yard maintenance routine. I had decided I could not suffer one more day. I was making arrangements to get to the other side.

A neighbor, a registered nurse requested that I please go to the ER as a final attempt at offering me some relief from the constant physical pain. Initially they gave me oral steroids. When she returned home from work that evening she could see that my condition if anything was worse. I advised her that they gave me a shot of steroids. She advised me that they should have given me an IV of steroids. She advised me to wait 24 hours and go back. The break of daylight I returned to the ER. At that time they gave me IV steroids. Before I had arrived back at my house, my condition was significantly improved. Barely detectable was the horrible looking skin that was present just an hour before. I felt no itching at all. Oh my god, thank you Jesus. I do not recall but the medical records will show how long the temporary fix lasted. Perhaps a couple days. I could feel it erupting by the second, Within a couple days my condition was back. As painful if not worse that before the amazing steroids. The only option available to me for relief was to wait until I could not bare the pain any longer and return to the ER and they would administer another steroid IV. As time went on the less time relief was given by the IV steroids. To me even if I felt relief for 30 minutes it was 30 more minutes I could tolerate on this earth. It had not occurred to me the side effects that I had as a result of the IV steroids.

One day a friend stopped to check on me. She loudly mentioned if my face was any closer to the computer monitor I would have to climb on top of it. My vision had become significantly affected. I could not read, I could not recognize people. I had no business driving. I had been basically homebound throughout these years because wearing clothes was unbearable. I only drove when I had to make it to appointments. I did drive into ditches because I could not see exactly where driveways were. I had applied for disability online and only discovered I was declined because I could not read the email requesting I submit more documentation.

I applied and was approved for County general relief. At that time I was able to see an optician. The nurse had to read the patient information form for me and I orally told her the answers. When he was checking my vision he advised me that he had never seen such a severe case of cataracts from a person my age. When I told him I had been having taking oral and IV steroid injections for an extended period of time he advised me that the steroids caused of the severity of my cataract. I was not aware that steroids caused cataracts.

Prior to being intentionally exposed to these chemicals I owned an operated an upholstery shop from my property in this city when the chemicals had been applied to my property against my permission. From having no problem threading a needle to the point when I had a driver’s license exam and when asked to read the third row of letters my response was that I could not see a third row. I was issued my drivers license in spite of not being able to pass the vision test because my cataract surgeon sent a note to the drivers license division stating that I was scheduled for cataract surgery within the following 2 weeks. The timeline from the day I discovered chemicals had been applied to my property until the cataract surgery was spring 2005 through 2012. I was still having to get steroid IV’s for relief from skin condition. Still requesting law enforcement file a trespassing complaint against this neighbor and still being denied, I was forced to flee from my property to escape the chemicals in summer 2010.

I was living in a camper behind my sons home when I began feeling confused and knew that my thoughts were not right. I remember hearing Charlie Sheen speaking to me as a sort of private message to me from the television. My actions were not at all in my character. One day I remember being out back of the house and although I knew I was talking to a cedar tree I was talking to it as if it was my sister, I was asking one cedar tree why he (her boyfriend) had cut off her legs with a chainsaw. It was the strangest thing I have ever experienced in my life. I was taken to the ER and it was determined that my hallucination were caused by IV steroid overdose administered by the Ft Madison Community Hospital ER. I was kept for observation the next 2 days and released. My mental state was normal. Urine and blood tests proved negative for drugs conflicting with what the local officials claimed to defame my character publicly beginning in the year 2004.

My medical history has always been good up to the point of being exposed to the chemicals. I alway practiced preventive medicine since I was one of the many self employed Americans who was without health insurance. I had the 6 months basic living expenses saved back in case of an unexpected emergency as Suzie Orman suggests. I followed all the standard procedures to remedy the unlawful application of chemicals on my property. I was well aware that having good health was a must to being successfully self employed. I certainly  never expected one man who was held above the law in the redevelopment of his newly purchased lot adjoining mine to become a threat to my health.

He made the choice to purchase the legally nonconforming lot adjoining mine from the Mayor. He made the choice to disregard the stringent State guidelines required to redevelop a legally nonconforming property. All with the assistance of the City building official. Had this have gone to court, the court would have required him to remove the illegal oversized structures.  When he was finished with his illegal redevelopment issue by illegal city building permits he went to get this illegal property recorded on the County plat map. The accessor in no way could have recorded this redevelopment legally.  I believe  it was rejected. It was then that this neighbor/council member determined the remedy to his problem was to eliminate me.  He had to acquire my property to ever be able to get enough land to comply with State building code. He chose to use chemicals as a weapon to accomplish his goal. He achieved his goal only with the full support of local government officials. He nearly took my life, but that was of no concern to any of them. I want the evidence reviewed with a full investigation. I am requesting an legitimate investigation into public corruption as described as the duty of the FBI, and  Federal charges brought against these government subdivisions and the individuals who without participating I would still be whole.

Melody Boatner

songboat@gmail.com

 

 

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

 

In a nutshell, Mark Conlee is a habitual liar. He is obsessed in attempting to make me take down the privacy curtain. He is intent on acquiring my property. I know I was losing my life to these chemicals. At what point does the law determine his actions become intentional to cause me serious injury or death, after my death? Please advise.

The City of Montrose, Iowa and the Lee County Attorney along with a couple Lee County Sheriff’s officers violated my Federal and State Constitutional Rights.  Mark Conlee began unlawfully applying chemicals to my property beginning in early 2005. Mr. Conlee purchased the nonconforming lot in 2002 from Mayor Ron Dinwiddie. Mr. Conlee was issue an incomplete building permit by building official Mark Holland. The position of building official is appointed to a council member by the Mayor. Mayor Dinwiddie makes a conflicting statement about the city having a building official at a city council meeting in Jan. 2005.

Marks intention to unlawfully apply the chemicals to my property was with intent to cause my person and property serious injury.   Local law enforcement denied me equal protection of the law and due process providing me no access to the court.

When Mark Conlee filed a civil complaint against me for putting up a legal privacy curtain. I am aware that he told the general public that he won the case, but he lied.  His case was dismissed. He committed multiple counts of perjury in this 3 day imaginary pursuit of justice. The evidence that is mentioned in the transcripts of this case being submitted by the plaintiff, I never saw. The evidence that I had given my attorney, was never submitted to the court.  The case that I hired an attorney to represent me was as the plaintiff and was against the City of Montrose, Ia. My attorney advised me that we would sue both parties, adding that “the city is where the money is at.” I never found out the truth until the last day of this civil case filed against me by Mark and Linda Conlee. When I was served papers that the Conlee’s were suing me, well, I was quite surprised. There was no person willing to protect my rights or unwilling to commit a crime on behalf of Mark and Linda Conlee. There has to be a reason for the intentional disregard for all laws in this case. The most common reason for treason is greed. As I have said on numerous occasions. My case is about criminal offences committed against me by my local government officials. As this crimes were committed I was advised that I could not file any civil complaints alleging criminal offenses. I have been advised by the County clerk only the County Attorney has that authority. I have been advised this is a private case, but I have no authority to file a criminal complaint against these conspirators. During every criminal act that was committed against me there were two or more individuals involved in the act. The explanation of this judge is based on no factual evidence. The factual evidence was suppressed  by my attorney. This ruling was based on hearsay of what Mark Conlee said and it makes no sense at all. Illegal removal of an existing berm is what several of my experts were prepared to testify to had they been given the opportunity. Or had the written affidavits been submitted to the court. All the stormwater from this long narrow lot of property was diverted onto my property after the illegal property redevelopment was completed. Mark Conlee did illegally change the frontage of his property but swore under oath that he did not. Photo evidence that my attorney suppressed proves that without any doubt. In spite of my witnesses not being questioned at all by my attorney. In spite of my attorney’s opinion that my witnesses were “experts in their own right”, and a “compelling list of witnesses”. The judge still dismiss Mark Conlee’s civil case against me. Had this judge been given the evidence and heard the testimony my witnesses were prepared to testify to. Mark Conlee was not the liable party in the case I hired an attorney for. I do not know the purpose my attorney advised me that we would sue both parties. I do not know why my attorney required $100 on that first day specifically to cover the filing fee for the complaint against the city but never filed the complaint. I do not know why my attorney reassured me throughout this time line that he had filed the complaint against the city when he knew full well he had not. I have an idea as to why he misrepresented this client. Any reasonable person could only come to the conclusion that I have as to why this many government officials would commit criminal offenses on behalf of  Mark Conlee. I have been waiting patiently for the government official with the authority to further investigate what I have no authority to investigate the most reasonable conclusion as to how this happened in the USA. I am still being advised this is a private issue. I have read hard copy evidence that this is what the Federal government considers a high priority. The hard copy evidence is more reasonable than hearsay with no evidence to support this is a private issue. As I have no authority to file a criminal complaint of conspiracy against rights against the City and County. Only prosecutors have the authority to file criminal complaints against anyone as I understand it. I do know for a fact that the liable party in my case initially is the City of Montrose, Iowa. The building official has the duty to review the blueprints. Site layout and drainage are the first steps any reasonable person does when constructing or redeveloping. The building official assures compliance to State laws not the neighbor. This has been a premeditated act since the day Mark Conlee’s redevelopment was rejected from being recorded on the County plat map. This was a premeditated plan to eliminate me from my property. This is a case of violation of my State and Federal Constitutional RIghts and justice will be served.

9-18-2006 findings of fact pg 9.jpg
Conlee vs Boatner finding of facts, page 9

 

Though the City police refused to acknowledge my Constitutional rights, the Civil court did. The judge cited in this page of the court transcripts “my right to use my property as I see fit”. That is a Federal and State Constitutional Right. This right is never to be taken. Conlee committed perjury in nearly every statement he made in the courtroom. My attorney Steve Swan conspired with Conlee to suppress evidence. He never question any of my “compelling list of witnesses nor did he submit photo evidence or the witnesses affidavits to the court. The judge based his ruling on the testimony of Conlee’s witness. The judge misquoted that witness. The judge claims she said the Boatner property always received stormwater runoff from the Conlee property. That is not what she said. My attorney knew the judge misquoted Ms. Adkins as he stated in an email he sent me after the written ruling was sent in the USPS mail. I recognized he misquoted her testimony as soon as I read the court ruling. Relevant is the fact that when I received the written decision I was advised by my attorney that I only had 7 days to file an appeal, he did not want the case. What she actually said was nearly word for word what my witness, Ms Adkins ex-husband was prepared to testify on the stand and did state in his written affidavit. Unfortunately my attorney failed to question my witnesses or submit the affidavits to the court. This can not be dismissed as an incompetent attorney. He would never have passed the bar. Attorney Steve Swan conspired with Conlee to assist him in acquiring my property by the use of chemicals weapons with intent to cause me serious injury. Swan knew this before we went to court. tHad he intended to represent my best interest he would have file the complaint against the City of Montrose as I hired him to do, and he pretended he had up until the final day of the civil case Conlee filed against me. He would have amended the counter complaint against in the Conlee case for trespassing at least.

 

9-18-2006 findings of fact pg 6
9-18-2006 findings of fact pg 6

 

The following documents are and could have easily been recognized by the judge as Conlee’s admission of his illegal property redevelopment being the cause of the nuisance drainage issue that occurred to my property after the development was completed. Steve Swan also kept these documents suppressed from the court.

6-5-2006 Conlee offer to settle out of court

Lee County Extension agent was prepared to testify that the Iowa drainage law is that a redevelopment cannot produce more stormwater runoff to a neighboring property than before the redevelopment. In this case just the massive roof surfaces of the new structures increased the stormwater runoff to Boatner’s property significantly. Apparently the judge was not given the photo’s of before and after the redevelopment or was not clear about the Iowa stormwater drainage law.

There was no mention of the building permit for the home requiring the signature of the builder not being signed by the builder but was approved by the city building official. Or the fact that public record shows Mayor Dinwiddie acknowledges that fact just prior to me submit the unsigned building permit to him. He took no action to require the building authority to follow through with standard procedure in Conlee’s illegal property redevelopment. Mayor Dinwiddie states on public record that a redevelopment cannot have structures larger than the existing structures. All law were violated by Conlee and he was supported completely by the local authorities despite the state of despair I was suffering as a result of my State and Federal right being violated ongoing for a period of over 5 years.  The building official has the duty to remedy issues between property owners regarding new property redevelopment, he refused. The City police have the duty to protect my rights, in this case they not only allowed my rights to be violated but assisted in the violation of my rights.

6-5-2006 Conlee 1st offer to settle out of court

 

6-22-2006 2nd offer by Conlee admitting liability for drainage
6-22-2006 2nd offer by Conlee admitting liability for drainage

By the Judge recognizing my right to do what I want with my property, I find it reasonable to believe that would include my right to determine that no chemicals be unlawfully applied. That was not what happened after this case. The chemicals continued to be applied. Lee County attorney sent Deputy Dave Hunold to my house to investigate a second allegation that “Mark Conlee said” I had given him the finger. I advised Hunold that I wanted to file a trespassing complaint. He advised me after reviewing the court order that the judge did not specify no chemicals so he did not think a trespassing complaint was applicable. I thought to myself are you kidding me? He also advised me that he was only at my house to investigate a complaint made by Mark Conlee that I gave him the finger for the second time. The actions of officer Hunold support a conspiracy to deprive me of my rights under color of law and contempt of court which I have no authority to file a criminal complaint against.

If it is true there is no Federal law against terrorism, as I have been advised then this evidence supports this was an act of Conspiracy against rights. This evidence supports this was an act of deprivation of rights under color of law. Both of which are violations of Federal laws.

sincerely,

Melody Boatner.

Former Lee County Attorney Michael Short and Chief of Police Brent Shipman make a well formed militia, no way justice was going to be served.

         I am searching for any civil cases in which the plaintiff has filed a civil complaint alleging trespassing against the private party. I want to see any civil cases in which the plaintiff has filed multiple counts of fraud against another person. I want to see any legal action in which the plaintiff has filed a civil case alleging the defendant has committed a criminal offense. I came across the document above when I believe Lee County Detective Bob Conlee was attempting to set me up for a drug bust. If you would review Lee County Attorney Michael Short . Short  advised me that “he” would decide who gets prosecuted in Lee County, Iowa. He wasn’t kidding he was willing and did everything needed to protect Mark Conlee in his unprecedented illegal actions against his neighbor.
Most of you have the common knowledge of the laws and rules a Sheriff has the duty to provide to the citizens in their County described below. I am still waiting for the results of an investigation into my allegations as stated by then County Attorney Mike Short and current Lee County Sheriff Stacy Weber. Weber has a conflict of interest that is next to none according to the record. He certainly learned from the best of the best as former County Detective Bob Conlee is described as his mentor. His reason for getting into law enforcement as a career choice.
Working with Federal and State Legislatures to create laws providing safer communities

The SHERIFF is the only elected Law Enforcement Officer in the State of Iowa.

THE DUTIES OF SHERIFF INCLUDE:

  • Execution and return of all legal civil papers
  • Enforce the law of the State of Iowa
  • Enforce County Ordinances
  • Conduct criminal investigations
  • Provide Law Enforcement services to the Judicial Court System
  • Supervise all jails and the custody of incarcerated offenders
  • Maintain the Sex Offender Registry
  • Patrol all areas of the county
  • Respond to any and all disasters within the county
  • Assist other Law Enforcement agencies
  • Sustain Iowa VINE for Victims
Mr. Short failed the citizens of Lee County to a serious degree beginning in filing two criminal complaints against me on behalf of his number one colleague Detective Bob Conlee and his brother, Mark Conlee. The complaints were clearly frivolous and fabricated.  There is no existing law against giving the middle finger to another person.
6-26-2007 State vs Boatner, second Complaint on Conlees behalf .jpg
Harassment, (simple misdemeanor) defendant with intent annoy another person by flipping the middle finger, continuously.                                                                                                                  County Attorney and Chief Shipman are acting as puppets on Mr. Conlee’s behalf. Denies legitimate allegation with hard evidence supporting Conlee was continuously applying chemicals  unlawfully to Boatners property with intent to cause serious harm.

 

 

7-2-2007 summons State of Iowa vs Melody Boatner .jpg

This is an example of the standard procedure followed in any action in this “criminal” case. There was no local government official willing to honor their ethical oath. They were all completely devoted to Mark Conlee’s goal to acquire his goal. It was like they were hypnotized. I know full well that the County attorney should know what is a criminal violation and what is a fabricated law. Chief Shipman scratched out the last sentence as I advised him there was no law preventing a citizen from having two licensed, insured vehicles on their private property. Mark Conlee used his position as council member to push past any recognition of ethical standards. I feel like I have been raped by these public servants. I will never be the person I was prior to the physical assault by this gang.in their quest to acquire my property. No holds barred, they were intent on this goal. I was unable to assert my rights to save my life.