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.

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

 

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.

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.

 

 

Millions against Monsanto or Crimes against humanity?

I had no protection of law enforcement to prevent my neighbor from applying roundup to my property against my wishes, this went on as if it were part of his maintenance routine for his yard, The effects were brutal, my health went from excellent to unable to function within the first years. I suffered through this for over five years, the neighbor did not let up on the unlawful application of the toxic chemicals for five years. My many pleas for law enforcement to protect my right by filing trespassing complaints against this psycho were ignored. This man actually sued me in civil court for “loss of enjoyment of his property”. That case was dismissed with the judge citing my right to enjoy my own property. I felt a sense of relief because my interpretation of that ruling meant for him to stop applying chemicals to my property. I couldn’t have been more wrong, even though there is no doubt in my mind that is what the judge was implying, Within a matter of months this neighbor along with the chief of police (acting as a witness) approached me in my yard to let me know in advance that the neighbor was going to physically invade my property and move some railroad ties that I had put in place to divert the initial problem which was a nuisance drainage issue resulting from the Illegal property redevelopment on the nonconforming lot he purchase from the mayor. The building permits could not have been and still are illegally issued by the city building officials. I following standard procedure requested the building official come to the location to discuss a remedy to the nuisance drainage issue that left my property with an uncontrollable flooding situation. Three of my undeveloped lots lost a value of over $10,000. The person who did show up misrepresenting himself to be an authority for the City building official was this neighbor’s brother, he was the highest ranking member of the County Sheriffs dept. He had no jurisdiction to act as an authority of any kind in the City of Montrose, Iowa, Not to mention that there is no doubt about an existing conflict of interest between this Sheriff’s officer and the neighbor due to the fact that they are blood brothers. With that and after the fact a different County deputy showed up at my house the reason told to me by the deputy that he was sent to my house due to concern by the County Attorney that there may be of a conflict of interest. I thought this may be legitimate and sat down with this officer, showed him all the hard copy evidence of this neighbor and his attorney committing perjury multiple times in the civil case he filed against me. I showed him the court ruling, specifically the citing of my right to enjoy my own property by the judge, This officer, who is not an attorney, explained that since the judge did not specify the neighbor could not apply toxic chemicals then the neighbor was within his rights. This deputy also informed me that “Roundup” is not harmful to humans, he uses it all the time. He completely ignores the laws that it is my property and I have the right to say what can and cannot be done on my property, Roundup when applied correctly may not be directly as extreme as the effect is had on me but, no rules were followed in the application to the chemical to my property. I have never even had poison ivy so for me to have an itchy place on both shin was unusual to say the least. I call BULLSHIT. I SAY THAT NOT ONE OF THESE INDIVIDUALS ARE ACTUALLY SO IGNORANT THAT THEIR ACTIONS CAN JUSTIFY ANYTHING OTHER THAN A CONSPIRACY TO DEPRIVE ME OF MY FEDERAL RIGHTS UNDER COLOR OF LAW, THE USE OF THESE CHEMICALS AND THE EFFECT THAT HAD ON MY BODY WERE ALMOST IMMEDIATE, WHEN I TOLD THIS NEIGHBOR THAT I THOUGHT THE CHEMICALS MAY BE CAUSING ADVERSE EFFECTS TO MY HEALTH HE CONTINUE TO APPLY THE CHEMICALS WITHOUT HESITATION, THE CHIEF OF POLICE REFUSED TO GIVE ME AN INCIDENT REPORT IN A TIMELY FASHION (16 months) AND BY THE TIME HE DID I WAS TO THE POINT OF COMPLETELY UNABLE TO FUNCTION, BOTH SHERIFF’S OFFICERS VIOLATING, MISREPRESENTING AND DETERMINING THEIR OWN INTERPRETATION THE COURT RULING, THE COUNTY ATTORNEY DENYING MY RIGHT TO EQUAL PROTECTION OF THE LAW AND MY RIGHT TO ENJOY MY OWN PROPERTY. Can only be recognized as a conspiracy against my rights, intent to cause serious injury or death. Conspiracy against rights under color of law. Had I not fled, the only way possible for me to escape the chemicals that were illegally applied on my property offered me three option, Shoot this neighbor dead, which in my opinion is pretty extreme due to the fact that law enforcement get paid to do that job so I would not be pushed to that extreme. Stay in my home and die from chemical poisoning or sell my home, business and property to the first person who would offer me $25,000 for it which would allow me to repay my debts to friends who supported my basic living expenses for the previous 5 years that it was unbearable for me to even wear clothes and cover my final expenses, There was no doubt that I was dying, the question was how long would it take before my suffering would end. Now if any of you can find what in this story is not a violation of Federal law please inform me of what and why. The county attorney being the highest authority of the law in my county clearly has a conflict of interest, the evidence I have supports he conspired to deny me of my rights to equal protection of the law and my right to enjoy my own property. He denied my right to access the court by refusing to file a trespassing complaint against my neighbor, and the brother of his colleague of 17 years. Trespassing is a criminal offense. Every action that was committed against me by this enterprises of self-serving imposters was criminal. I have no authority to prosecute criminal offenses. As the County attorney stated to me. “he will decide who is prosecuted in Lee County, Iowa. His job description clearly states his duty is to prosecute all criminal offenses in his county. I have been patient, more patient that most. This is the type of thing that would cause a citizen to go armed to a city council meeting and just start shooting from one end of the seated members to the other, Then the media not having any information relevant to the shooters situation the headlines in the next day’s news would say something like “Tragedy at City Hall, lone crazed gunman enters city hall and begins random shooting”. I am stating right now that I am of sound mind, The chemical poisoning began in 2005 and continued nonstop until the late summer of 2010. I lost my eyesight to the point I could not read or recognize people in 2007-2012, Only when I was approved for SSID was I able to get the massive cataracts removed from what the dr stated was the worst case of cataracts he had ever seen from a person of my age.The purpose of adding that was that I was completely dependent on the word of my attorney, who simply lied about everything, I hired him to file a complaint against the city he told me he did, he took my money and he never filed a damn complaint against anyone on my behalf. So it is my opinion he also conspired to deprive me of my rights, no attorney could be so incompetent as this man was by accident. I purchased my property in 1995 is was a fixer upper to say the least, But I was well aware of what my ability were and I could do this and it was within my budget, I put much money into my home and workshop, new updated electrical service and service panel, new furnace and hot water heater for house, used furnace for workshop, insulated both structures completely. I have every receipt for everything I bought to renovate this dilapidated property. So when the neighbor claims he put much work into his home, I want him to know that every professional contractor will tell him that renovating an old home compared to new construction is not even comparable when it comes to the time and difficulty. I did not have insurance money from a suspicious fire of the existing home to redevelop my property and build huge nonconforming structures that causes adverse effects to my neighbors property. My credit rating prior to this was 760, I had established a successful upholstery business and satisfied the loan earlier that the 5 years that I took the loan for. I knew when I purchased my legally nonconforming property that there are strict regulations in place for redeveloping my property. You Mr neighbor may not have researched your options that were available in redeveloping your property, until you went to get it recorded on the county plat map and were refused because your new redevelopment was not complaint to State building code and drainage laws. Your buddies did though, the Mayor, the building official did for sure, Witnesses have been and are still willing to testify that in their new construction the building administrator followed the standard procedure as required. The Mayor even though he did ask me at one council meeting, “who knows building codes”, I never got to answer that evening but I can tell the Mayor now that I certainly do, the building officials certainly should or if not the manual at city hall contains all the information on the subject. The Mayor should know the building codes since he built himself a beautiful new home on the riverfront soon after liquidating his properties around town including the one my neighbor purchased from him. So this violation to me, seems similar to what a rape victim must feel. In regard to a statute of limitations running our, anyone who has the balls to use that as an excuse and tell me to my face, I can promise I will try to be calm and patient. Then if we are working together I will have available the next higher level of law that what has happened to me by my local government officials does fall within violations that have no statute of limitation. I have done my homework. I can comprehend the english language. I expect these individuals to be held to highest degree of the law for an unprecedented case of what could easily  fall into what is defined by international complaint as crimes against humanity.  I am not certain how long this enterprise has been happening but I know of one other person who if there were to be a Federal investigation into her ordeal with the City officials may turn up evidence that, my story is the only on in which chemicals were used with the intent to eliminate me from my property,  shows repeated plans and practices were the cause of her leaving the City also.  In both cases the personal attack was against single middle-aged women. According to the FBI website they hold public corruption as a high priority. As well they should. There is no case on record in which chemicals weapons were used with intent to cause serious injury and those chemicals being applied to the victims property. For any authority to tell me that this is not in violation of Federal law when there is no other case for reference it is not debatable, a court and a jury are the only authority qualified to make any decisions in regard to this case. This case should be tolled from my initial complaint to the Federal Bureau of Investigation. I also recently read a piece regarding for example a County attorney being inaccessable to sue while he is in office so a complaint against him and a statue of limitation does not begin until he is not longer holding that office can anyone offer me more information in regards to this.                                           💀💀