I hired Steve Swan to sue the City of Montrose in July 2005. This is not typical for a neighbor to have to do, the building authority has the duty to address residents concerns regarding nuisance drainage issues caused by new property redevelopment. He sent this letter to Conlee that afternoon. He lied by continuing to claim he filed a complaint against the City of Montrose. He stated that we would sue both parties, the City is where the money is at. Based on the fact that the building permits are illegal, the redevelopment of the legally non conforming property is illegal I knew full well who the liable party was. So what does his failure to represent my best interests fall in the justice system. An investigation would be required to find that evidence. The evidence supports the least of his immoral, unethical behavior is legal malpractice. This could be due to his physical disabilities, This man is morbidly obese. For him to actually get to the courthouse to file a complaint on behalf of a client has to be extremely difficult for him. He had to set on four chairs in the courtroom. I filed a complaint but of course the sided with Swan, We agreed to barter services for this case, after which he sent me a bill for $4000.00. I never was billed after I filed the complaint. Is it not the his responsibility to present evidence and question witnesses? He never did that either. I believe the evidence supports his actions are within that of a co-conspirator.
Boatner followed standard procedure provided for all citizens to remedy issues caused by a neighbor’s property redevelopment. This property is legally nonconforming. The new neighbor purchased the lot from the Mayor of the City. City building official Mark Holland admitted he did not intend to do his duty and follow standard procedures to address and remedy the situation. Boatner contacted State Representative Phil Wise. Having explained the situation to Mr. Wise he showed the professional courtesy to contact City Hall and have Boatner put on the agenda so she could direct her questions to Council member/Building official Mark Holland in regards to the building permits issued for Mark Conlees property redevelopment. Having Contacted the Mayor and city clerk previously, she was always told to contact the building official. Again she was denied the opportunity to point out the fact that Conlee’s property is a legally nonconforming property and Iowa building code restricts the size of structures to be no large that the existing structures and they must comply with current building codes. These nonconforming structures are much larger that the existing double-wide mobile home and single car garage. Having reviewed the blueprints and following standard procedure Mark Holland would have never legally been able to issue building permits for these nonconforming structures. Holland was absent from this meeting. Based on the record of attendance at these meetings one may consider his absence was intentional. He was aware that Boatner was on the agenda for the purpose of getting answers to her questions concerning how these illegal redevelopment were approved, and the foreseeable nuisance drainage issue caused by the redevelopment had not been addressed and remedied.Conlee was unable to get the illegal redevelopment recorded on the County plat map. That is when he determined I was going to be eliminated. He had to have my property to get his illegal redevelopment recorded on the County plat map. He chose to use toxic chemicals to eliminate me. He applied chemicals to my property as if it were a normal part of his routine yard maintenance. My Federal 1st Amendment right was violated by the chief of police and the County attorney. I was literally begging County attorney Mike Short to protect my rights. I knew the chemicals were causing my death. Many people knew I was dying. They just did not care. They refused to file a trespassing complaint on my behalf. Their acts were blatant and intentional. State Representative Phil Wise retired soon after I contacted him. Since Jerry Kearns has been elected to State Rep. I have contacted him multiple times. He has made no comment. I want to know who he is representing. He is not representing me. He is not representing the State law. That only leave Mark Conlee’s best interest to be what he is representing.
My initial complaint was in regard to this issue. To end up being poisoned by chemicals illegally applied to my property because the City and County officials had a conflict of interest with this illegally nonconforming owner/builder/redeveloper who was issued illegal building permits is unprecedented. It was the chemicals that nearly cost me my life. I could control the stormwater within my rights to defend my property. This man was angry that the officials could not control what I did legally on my own property. I could not control the chemicals, the fact that this man was allowed to do this knowing it was causing me physical harm and the officials dismissing the act as he had the right. That makes this a Federal Constitutional Rights case. The perps are the CIty and County officials who had the duty to protect my Right to enjoy my own property and my Right to Equal Protection of the Law.
Due to the fact that after multiple requests from Boatner for the building administrator Mark Holland to come to the location and address her concerns, he refused. A witness was prepared to testify that she asked Holland if he was going to go to the location and address Boatner’s concerns. He replied that he had no intention of going to Boatner’s to address her concerns. Knowing that the expert on this situation would be the local FEMA director Steve Cirinna. Knowing that a conflict of interest exists due to the fact the he is the husband of the city clerk Celeste Cirinna his opinion was not an option. Through a referral from the internet source Boatner contacted Lee County Extension Agent Robert Dodds for an opinion regarding the nuisance drainage issue. Mr. Dodds did come to the location as a professional courtesy. Mr Dodds noticed some discrepancies that I had not, I only noticed that the building permit was not signed by the builder as required by State of Iowa law. The following letter was written to me advising me of his opinion to some questions I had asked him. A copy was also sent to Mayor Dinwiddie along with a copy of the State drainage laws. This letter was never discussed privately with Boatner or at a public council meeting. This letter was not submitted as ongoing business to the next elected administration of Mayor Tony Sciumbato . This expert’s opinion was ignored in this case, yet there are numerous instances unrelated to Conlee-Boatner nuisance drainage issue in which public record shows Mr. Dodds opinion was requested and respected. At this point any reasonable person would recognize a conspiracy to deprive me of my Federal Constitutional Right to Equal Protection of the Law and my Right to Enjoy my own Property at the least of the issues in this case.
Conspiracy Deprivation of Rights under Color of Law.
It has already been established that building official Mark Holland refused his duty to address Boatners concerns, Boatner witnessed Lee County Detective Bob Conlee (brother of Mark Conlee) assisting Mark with a tape measure on 3-22-2005. Bob Conlee has no authority to act as an official of any kind in Montrose, he has no jurisdiction and there is an obvious conflict of interest.
In regards to Mark Conlee stating that he would be at the next Council meeting to request a ditch be dug, it has already been established that Boatner hand dug the City ditches in 1995 when she purchased the property.