Category: legally nonconforming property

The facts of this case in a brief summary is that a neighbor purchased the legally nonconforming lot adjoining mine. He began redeveloping it the following year by trucking in enough fill dirt to elevate the lot up to 10′ higher, constructed a two story nonconforming garage with roof surface altered to allow stormwater runoff to be diverted directly onto my property. He regraded the fill dirt from the alley down to my property, resulting in diverting all stormwater runoff from his new redevelopment. The building permit issued for this structure is illegal. He also did not install drain tile around the slab or along the common boundary to carry stormwater to the city drainage ditch. I was advised he intended to build a living quarter in the upper level of this garage when I mentioned my concern about adverse affects to my property.

The following year after a suspicious fire destroyed the existing double wide mobile home, he changed the plan. He was issued an illegal building permit for a new home. He again built a nonconforming structure, altered the roof surface and trucked in fill dirt all of which were made to intentionally divert stormwater from the entire lot onto my property. He illegally removed and existing berm, conflicting with a statement made under oath. He changed the frontage of the new home to be the alley. This to conflicts with a statement he made under oath. He and the city raised the alley to act as if it were his private city street, higher that the private property abutting it. The raising of the alley is in conflict with the standard procedure of an alley to be lower that the property adjoining it to take stormwater from a backyard and carry it to the city drainage ditch. There are many inconsistencies and conflicting statements implicating himself in perjury in the civil case he filed against me for loss of enjoyment of his property. The case was dismissed. At no time did the building official address my concerns, he did continue to issue illegal building permits to this neighbor however.

He then used his connections to be elected to city council. Specifically the city clerk. In that position he attempted to cause me financial harm, however all cases against me were dismissed, only costing the taxpayers of the city money. One case was for the same complaint the same as the civil case he filed against me, it was dismissed with a note at the bottom from the judge questioning the purpose of the case against me by the city. He held his position as city council member for the intent of continuing to harass me. He made false police reports against me. He initiated nuisance weed ordinances with the intent to cause me physical harm. He began applying toxic chemicals to my property in early 2005. I followed all standard procedures provided for me to remedy the nuisance drainage issue his property redevelopment causing adverse effects and loss of value to my property. The city building official refused to follow standard procedure to remedy the situation. The chemicals had severe effects to my physical health. I suffered severe pain as a result of not being able to get equal protection of the law in my requests for them to issue a trespassing complaint on my behalf. I had no protection of the law and the city level or the county level, in fact certain law enforcement officers misrepresented their authority and jurisdiction to act on this neighbors behalf. Ethical violation of not recognizing a conflict of interest existed at every local level, those special relationships were used for the benefit on this neighbor. He violated the civil court ruling by physically altering the railroad ties I had placed on my property to divert stormwater toward the city drainage ditch, he was assisted by Chief of Police Brent Shipman.

The chemicals unlawfully applied to my property continued for the following five years. My right to enjoy my own property as cited in the civil court ruling was violated due to the illegal application of the chemicals. These chemicals caused my condition to deteriorate to the degree that I believe they were going to be the cause of my death. He would not stop. No law enforcement officer intended to make him stop the criminal act. The Lee County Attorney advised me that “he would decide who gets prosecuted in Lee County.” He proceeded to file criminal complaints against me on my neighbors behalf. All were dismissed due to the fabrication of a law itself.

This neighbor had all the right people in all the right positions that he was aided and abetted causing me serious injury. When he discovered he could not get his illegal property redevelopment recorded on the county plat map is when he began using the chemicals as a weapon against me. He motive was to acquire my property. He could never get his illegal property redevelopment recorded on the county plat map without the addition of my property to his lot. I was forced to flee to escape the chemicals that were killing me. I fled from my home, business, property and the chemicals cost me my health. There are no words to express being violated of my right to this degree. I did survive only due to one Dr. from the University of Iowa hospital. However the medication I must take to control the severe skin condition will more likely than not cause damage to my internal organs. The damages include pain and suffering, along with the severe skin condition I lost my eyesight for over 7 years. I was unable to read, recognize people and had no business driving. My successful upholstery service that I operated out of my shop on my property and future income from that business. All lost income that will affect the amount of SS I received had I been allowed to stay at my property till retirement as I had planned for myself. This is unprecedented in that there is no other case according to the EPA field investigator in which a neighbor has been allowed to used chemicals on a neighbor’s property.  There are laws in place to prevent this type of thing from happening.