Does an AUSA have the authority to use attorney discretion to violate a civil court ruling made by a Judge?

Nobody has contacted me from the FBI yet. I called the Washington DC headquarters and every time they hang up on me. I don’t even get to voice my issue. Federal official requested two inquiries, advised me that the FBI would contact me. Ten years later they still hadn’t contacted me. I reached out to the local division, but not before the Local official had contact an agent buddy of his, Local official has a direct conflict of interest with the opposing party. Whatever the local official did tell his friend was false, I know that is a fact because he knows no facts about this case. I asked the agent that was pretending to be investigating my complaint to share the information the third party was told by local official. The agent refused. He advised me that based on the hearsay local official  had given the third party and what I had told him. He made his decision not to investigate. I have the hard copy evidence that proves beyond a reasonable doubt my allegations cannot be denied. My point is TEN years after Federal official requested an inquiry. I don’t have ten more years to wait for these criminal actors to have justice served on them. You understand the seriousness of the degree of the crimes committed against me don’t you? I am serious. The only thing a honest law enforcement officer has to do is to actually take the time to review my hard copy evidence. It’s not that much to ask. These locals had no regard for my life, had I not have fled I would have been murdered by the intentional poisoning. Give me that name and contact information for an agent not associated with this locals who have been biased do to false statements made by the local official. I am not going to be the only victim of this brutal chemical attack. I am telling you, the evidence clearly shows what I have been claiming for the past ten years. Being patient as advised by Federal official never did a thing for me. I do not know the process of requesting an inquiry, but I am sure you submit the Federal official’s request to someone who has a name. Is that right? I want that person’s name. If you do not submit the request for an inquiry you need to change up the standard procedure for this case with special circumstances and direct it to the highest authority. The EPA has law enforcement officers of their own. I want to talk to a specific person. For me to call the Washington DC division without an extension to a specific person makes me feel discriminated against. Federal official told me years ago that the Federal official had a contact in the FBI, now the assistant tells me Federal official can’t contact anyone in the FBI because its against the law. What has happened to me is against the Federal law, what the hell? He has been talking out both sides of him mouth representing Federal official. He will not allow me to speak with Federal official, so I really don’t know if Federal official knows anything about what I have been advised he has been doing on my behalf. One of the Local officials wrote a letter on my behalf to this incompetent FBI agent. The Local official told me that he could not believe that nobody has contacted him from the FBI. He stated that if I had a Federal official on my side more than nothing should have happened already. Let me make sure you understand exactly what happened to me with the FBI and AUSA.  Supporting the criminals in this case they have also conspired against my Civil, human and Constitutional Rights. No government official can legally turn a blind eye to corrupt acts committed by government officials. If they do they are not only co conspirators against my rights but also violating the rules of ethics for Government service. I have been a victim of physical abuse by a local resident since I could walk. I had escaped that abuser.  I acquired my home, business and property. Then, I am physically abused by my local government officials by the intentional use of chemicals as a weapon, no question that the chemicals were applied to my property with intent to cause me serious harm or death. The evidence could not be more solid in supporting that to be a fact. I need someone to enforce to law, to protect me from harm. Right now the only person with influence to do that is you.

I want to know if an AUSA has the authority to violate a civil court order without some type of court procedure. I have a hard time believing this AUSA. He told me that he could completely disregard a civil court order because he has attorney discretion. It is not reasonable that he can violate a court order made by any Judge. Can you find that information out for me. My question is “Does an AUSA have the authority to use attorney discretion to violate a civil court ruling made by a Judge”? The logical answer to that question is no, why would the citizens waste the time and their money to proceed with a civil court trial? Kevin VanderSchel of the Des Moines, Ia US Attorney’s for the Southern District of Iowa is a XXXXXX. He needs to be removed from his position immediately. How many others has he violated before me? I find very few cases in which he is the prosecutor. I find no cases of public corruption filed in the State of Iowa. That in itself is quite telling about the thin blue line. There are more corrupt officials in Lee County that I can write about, I don’t expect Lee County is  the only county with corrupt officials. They quite possibly could be the only county who have used chemical weapons to commit acts of terror against a citizen. I can find no record of chemical weapons used by government officials against a citizen in the USA. Can anyone cite me a precedent case with this issue? Do you share information with

Federal official? I really do not believe Federal official knew anything about my case. However his assistant was acting on his behalf so I don’t know what would be the result of a situation with such serious offenses as have been committed against me. I would at least like to speak with someone justifying the local officials case.  So I could prove whatever evidence they have is fraudulent. Everyone of the named individuals wholly participated in crimes against humanity, and violation of human rights. There is no justification for using chemical weapons EVER!

severe skin disorder caused by illegal application of toxic chemicals to my property by Mark Conlee

3-9-2010-skin-condition-progressing

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According to AUSA my evidence is assumptive.

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Note the P.S. in this letter, not negotiable because if I did not take the amount offered he had already taken control of my property. What the hell would I do with $17,000?  These documents could be no better proof that Conlee wanted my property. Understand that he sued me for loss of enjoyment of his property, then he offered me these two out of court settlements before the trial started. My property was not for sale. It was never to be taken by violating my rights to use it as I wished. These are Federal criminal offenses.

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AUSA stated my evidence was assumptive, yet he is aware that SA Thomas Reinwart made his decision not to investigate my allegations based on what XXXXXXXXXX told a third party and what I had the chance to verbally tell Reinwart, given 2 1/2 hours to tell him. The hard copy evidence was right there on the table for him to review, he refused to review the evidence. I know AUSA VanderSchel reads my posts. Or he did because he was using my site to determine my case by what I had posted. I do not think it would be in my best interest to post all the evidence that has recently been given to me. Tell me now, VanderSchel, who is using assumptive evidence? Hell yes I am pissed off at the incompetence that has been shown in this case since 2005. I have committed no crime, everyone involved in this has committed criminal offenses. Is that, MY only option to have justice served.  Law enforcement has a duty to keep me from harm.  I am going to bitch till the cows come home. If this does not embarrass the government I want you to know that I am embarrassed for you.

Any reasonable person would at least offer me enough to get a comparable property. One that I could operate my business from. I have about $30,000 in receipts of the money I invested in this property. Conlee paid Mayor Dinwiddie $27,000 for the worthless lot he bought from him. It was legally undevelopable. He set a farm on an 70′ wide lot. These structures were illegal when he built them and they are still illegal. I have the original building permits.  

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 Here is the original fraudulent permit issued for Conlee’s new home.

celeste-cirinna-city-of-montrose-exec-manager-pg-5

 

Here is the fraudulent, fraudulent permit that was altered to show a fee had been paid after Conlee was elected to city council. City clerk, building administrator and Conlee conspired to commit a double fraud? That should pay treble damages in my opinion. This act of fraud was completely unnecessary, the permit is still not signed by the builder. That signature alleviates the city’s liability just like the Mayor said right before I presented it to the city council. These people should be in prison for acts of ignorance unbecoming of a government official.

These are the US law in which they should be prosecuted.

Title 18, U.S.C., Section 241 – Conspiracy Against Rights This statute makes it unlawful for two or more persons to conspire to injure, oppress, threaten, or intimidate any person of any state, territory or district in the free exercise or enjoyment of any right or privilege secured to him/her by the Constitution or the laws of the United States, (or because of his/her having exercised the same). It further makes it unlawful for two or more persons to go in disguise on the highway or on the premises of another with the intent to prevent or hinder his/her free exercise or enjoyment of any rights so secured. Punishment varies from a fine or imprisonment of up to ten years, or both; and if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title or imprisoned for any term of years, or for life, or may be sentenced to death.

Title 18, U.S.C., Section 242 – Deprivation of Rights Under Color of Law 

This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S. This law further prohibits a person acting under color of law, statute, ordinance, regulation or custom to willfully subject or cause to be subjected any person to different punishments, pains, or penalties, than those prescribed for punishment of citizens on account of such person being an alien or by reason of his/her color or race. Acts under “color of any law” include acts not only done by federal, state, or local officials within the bounds or limits of their lawful authority, but also acts done without and beyond the bounds of their lawful authority; provided that, in order for unlawful acts of any official to be done under “color of any law,” the unlawful acts must be done while such official is purporting or pretending to act in the performance of his/her official duties. This definition includes, in addition to law enforcement officials, individuals such as Mayors, Council persons, Judges, Nursing Home Proprietors, Security Guards, etc., persons who are bound by laws, statutes ordinances, or customs. Punishment varies from a fine or imprisonment of up to one year, or both, and if bodily injury results or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire shall be fined or imprisoned up to ten years or both, and if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

Title 42, U.S.C., Section 3631 – Criminal Interference with Right to Fair Housing

This statute makes it unlawful for any individual(s), by the use of force or threatened use of force, to injure, intimidate, or interfere with (or attempt to injure, intimidate, or interfere with), any person’s housing rights because of that person’s race, color, religion, sex, handicap, familial status or national origin. Among those housing rights enumerated in the statute are:

  • The sale, purchase, or renting of a dwelling;
  • the occupation of a dwelling;
  • the financing of a dwelling;

contracting or negotiating for any of the rights enumerated above; applying for or participating in any service, organization, or facility relating to the sale or rental of dwellings. This statute also makes it unlawful by the use of force or threatened use of force, to injure, intimidate, or interfere with any person who is assisting an individual or class of persons in the exercise of their housing rights. Punishment varies from a fine of up to $1,000 or imprisonment of up to one year, or both, and if bodily injury results, shall be fined up to $10,000 or imprisoned up to ten years, or both, and if death results, shall be subject to imprisonment for any term of years or for life.

 ARTICLE XIV.

“Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws. The reasonable enjoyment of one’s real estate is certainly a vested right, which cannot be interfered with or limited arbitrarily. The constitutional guaranty of protection for all private property extends equally to the enjoyment and the possession of lands. An arbitrary interference by the government, or by its authority, with the reasonable enjoyment of private lands is a taking of private [728] property without due process of law, which is inhibited by the constitutions. But it is not every use which comes within this constitutional protection. One has a vested right to only a reasonable use of one’s lands. It is not difficult to find the rule which determines the limitations upon the lawful ways or manner of using lands. It is the rule, which furnishes the solution of every problem in the law of police power, and which is comprehended in the legal maxim, sic utere tuo, ut alienum non lædas. One can lawfully make use of his property only in such a manner as that he will not injure another. Any use of one’s lands to the hurt or annoyance of another is a nuisance, and may be prohibited. At common law that is a nuisance, which causes personal discomfort or injury to health to an unusual degree. As it has been expressed in a preceding section,1 the right of personal security against acts, which will cause injury to health or great bodily discomfort, cannot be made absolute in organized society. It must yield to the reasonable demands of trade, commerce and other great interests of society. While the State cannot arbitrarily violate the right of personal security to health by the unlimited authorization of acts which do harm to health, or render one’s residence less comfortable, there is involved in this matter the consideration of what constitutes a reasonable use of one’s property. At common law this is strictly a judicial question of fact, the answer to which varies according to the circumstances of each case. One is expected to endure a reasonable amount of discomfort and annoyance for the public good, which is furthered by the permission of trades and manufactures, the prosecution of which necessarily involves a certain amount of annoyance or injury to the inhabitants of the neighborhood. In all such cases, it is a question of equity, on whom is it reasonable to impose the burden of the inevitable loss, resulting from this clashing [729] of interests; and independently of statute it is strictly a judicial question, and all the circumstances of the case must be taken into consideration.

18 U.S.C. § 229 – U.S. Code: the violation of Federal law that should ensure justice is finally served

Letter sent to the City of Montrose by the State of Iowa agency in charge of Environmental violations. The City followed no laws that are in place to protect all living things from toxic chemicals. This letter was sent to the Street Dept Director at the time. There had never been any chemicals applied anywhere in town except the cemetery by city employees. These chemicals were applied precisely on the city’s easement on my property. Not an inch past my boundary or an inch short of my boundary.  Only after Mark Conlee was elected to city council were chemicals applied to the easement.

warning to City of Montrose unlawful application of toxic chemicals


warning to City poison

warning to City poison


Conlee had applied chemicals to my side of our 300′ common boundary the year prior to this. He continued to apply chemicals to my side of the boundary this year and for three years after that. Five years straight I was intentionally exposed to chemicals. I complained to the city. I complained to County attorney Mike Short. Short advised me that Mark  Conlee “said”, “he only applied it to the bottom of his side of the fence. Both the city and county attorney had the same reason not to file a criminal complaint against Conlee. They didn’t believe neighbors filing complaints against neighbors was a good thing to do. I was criminally charged by the City and the State on complaints based on “Mark Conlee said” all charges against me were dismissed.  Doesn’t the county attorney know that hearsay is not evidence? Mark Conlee “said” many false statements throughout this attack against my person and my property.

Intentional glyphosate poisoning

chemicals applied to my side of the 300′ common boundary

18 U.S.C. § 229 – U.S. Code – Unannotated Title 18. Crimes and Criminal Procedure § 229. Prohibited activities 

Unlawful conduct. (a) –Except as provided in subsection (b), it shall be unlawful for any person knowingly–

(1) to develop, produce, otherwise acquire, transfer directly or indirectly, receive, stockpile, retain, own, possess, or use, or threaten to use, any chemical weapon;  or (2) to assist or induce, in any way, any person to violate paragraph (1), or to attempt or conspire to violate paragraph (1).

Exempted agencies and persons. (b) —

In general. (1) –Subsection (a) does not apply to the retention, ownership, possession, transfer, or receipt of a chemical weapon by a department, agency, or other entity of the United States, or by a person described in paragraph (2), pending destruction of the weapon.

Exempted persons. (2) –A person referred to in paragraph (1) is–

(A) any person, including a member of the Armed Forces of the United States, who is authorized by law or by an appropriate officer of the United States to retain, own, possess, transfer, or receive the chemical weapon;  or

(B) in an emergency situation, any otherwise non-culpable person if the person is attempting to destroy or seize the weapon.

Jurisdiction. (c) –Conduct prohibited by subsection (a) is within the jurisdiction of the United States if the prohibited conduct–

(1) takes place in the United States;

(2) takes place outside of the United States and is committed by a national of the United States;

(3) is committed against a national of the United States while the national is outside the United States;  or

(4) is committed against any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the property is within or outside the United States.

Chemical Weapons

This crime is punishable by any term of years in prison. If the crime results in death, the punishment is death or life imprisonment. Property owned or used by the person is subject to forfeiture. Any property derived from and proceeds obtained from the offense and property used to commit or facilitate the offense is also subject to forfeiture. The statute also imposes an additional fine of up to twice the gross profit or proceeds from the offense (18 U.S.C. 229, et seq.).

A chemical weapon is:

  1. a toxic chemical and its precursors (chemical reactants that take part in producing a toxic chemical) unless intended for a purpose that is not prohibited and the type and quantity is consistent with that purpose,
  2. a munition or device designed to cause death or harm through toxic chemicals that would be released by the device, or
  3. equipment designed for use directly in connection with using such a munition or device.

A toxic chemical is a chemical that can cause death, temporary incapacitation, or permanent harm to people or animals.

The law specifies that it does not apply to self-defense devices such as pepper spray or chemical mace. It also does not prevent uses related to (1) industrial, agricultural, research, medical, or pharmaceutical activity; (2) protection against chemical weapons; (3) unrelated military purposes; and (4) law enforcement purposes such as riot control and imposing the death penalty.

Iowa Code Sec. 237. Section 729.5, Code 2013, is amended to read as follows: 729.5 Violation of individual rights — penalty. 1. A person, who acts alone, or who conspires with another person or persons, to injure, oppress, threaten, or intimidate or interfere with any citizen in the free exercise or enjoyment of any right or privilege secured to that person by the constitution or laws of the state of Iowa or by the constitution or laws of the United States, and assembles with one or more persons for the purpose of teaching or being instructed in any technique or means capable of causing property damage, bodily injury or death when the person or persons intend to employ those Fri Nov 08 16:03:04 2013 59/65 CH. 90 60 techniques or means in furtherance of the conspiracy, is on conviction, guilty of a class “D” felony. 2. A person intimidates or interferes with another person if the act of the person results in any of the following: a. Physical injury to the other person. b. Physical damage to or destruction of the other person’s property. c. Communication in a manner, or action in a manner, intended to result in either of the following: (1) To place the other person in fear of physical contact which will be injurious, insulting, or offensive, coupled with the apparent ability to execute the act. (2) To place the other person in fear of harm to the other person’s property, or harm to the person or property of a third person. 2. 3. This section does not make unlawful the teaching of any technique in self-defense. 3. 4. This section does not make unlawful any activity of any of the following officials or persons: a. Law enforcement officials of this or any other jurisdiction while engaged in the lawful performance of their official duties. b. Federal officials required to carry firearms while engaged in the lawful performance of their official duties. c. Members of the armed forces of the United States or the national guard while engaged in the lawful performance of their official duties. d. Any conservation commission, law enforcement agency, or any agency licensed to provide security services, or any hunting club, gun club, shooting range, or other organization or entity whose primary purpose is to teach the safe handling or use of firearms, archery equipment, or other weapons or techniques employed in connection with lawful sporting or other lawful activity

You can Sue for Civil rights violations!

Federal or State violations of civil rights or constitutional rights

From the Lee County Iowa Sheriff’s web page

The Sheriff is an elected Lee County official serving a four year term.

The Sheriff’s Office is responsible in enforcing state and county laws within the county. Duties of the office include but are not limited to the following:

Reports of, and investigation of, thefts, vandalisms, assaults, illegal drug activity, reported child and/or domestic abuse, accidents and all other criminal allegations. Deputies are also responsible for the enforcement of
traffic laws.

I assume this only applies to the County, even though it says “enforcing State and County Laws”. Cities that do not enforce the County and State laws are not under any authority beside their own, right? I was (criminal) assaulted in the City of Montrose, I reported multiple (criminal) offenses of fraud by a city employee, I reported illegal property redevelopment and noncompliant building permits being issued, I reported (criminal) trespassing occurring on a routine basis in the City of Montrose, I reported violations of State and Federal rights by the City of Montrose and Lee County officials, I reported (criminal) conspiracy against rights and (criminal) deprivation of rights violations being committed by City of Montrose and Lee County, Iowa officials. I reported (criminal) conspiracy to cover up evidence by city and county officials. The evidence I have is solid as a rock. Somebody has some splaining to do because what is stated above and copied from the Sheriff’s website and my experience are very conflicting. Maybe they should edit their website making it clear that everything begins  or doesn’t begin with

  • who the parties are.

Yes that makes much more accurate and honest statement in regard to the Lee County Sheriff’s dept.

Link

In this case the County Attorney could not be more involved with enabling violations of these codes. He recently retired. I pray that the new County Attorney stands beh

Iowa Code

703.4 Responsibility of employers. An employer or an employer’s agent, officer, director, or employee who supervises or directs the work of other employees, is guilty of the same public offense committed by an employee acting under the employer’s control, supervision, or direction in any of the following cases:1.  The person has directed the employee to commit a public offense.2.  The person knowingly permits an employee to commit a public offense, under circumstances in which the employer expects to benefit from the illegal activity of the employee.3.  The person assigns the employee some duty or duties which the person knows cannot be accomplished, or are not likely to be accomplished, unless the employee commits a public offense, provided that the offense committed by the employee is one which the employer can reasonably anticipate will follow from this assignment.[C79, 81, §703.4]

703.1 Aiding and abetting. All persons concerned in the commission of a public offense, whether they directly commit the act constituting the offense or aid and abet its commission, shall be charged, tried and punished as principals. The guilt of a person who aids and abets the commission of a crime must be determined upon the facts which show the part the person had in it, and does not depend upon the degree of another person’s guilt.[C51, §2928; R60, §4668; C73, §4314; C97, §5299; C24, 27, 31, 35, 39, §12895; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §688.1; C79, 81, §703.1]

703.2 Joint criminal conduct. When two or more persons, acting in concert, knowingly participate in a public offense, each is responsible for the acts of the other done in furtherance of the commission of the offense or escape there from, and each person’s guilt will be the same as that of the person so acting, unless the act was one which the person could not reasonably expect to be done in the furtherance of the commission of the offense.[C79, 81, §703.2]Referred to in 717A.3A

703.3 Accessory after the fact. Any person having knowledge that a public offense has been committed and that a certain person committed it, and who does not stand in the relation of husband or wife to the person who committed the offense, who harbors, aids or conceals the person who committed the offense, with the intent to prevent the apprehension of the person who committed the offense, commits an aggravated misdemeanor if the public offense committed was a felony, or commits a simple misdemeanor if the public offense was a misdemeanor.[C51, §2929; R60, §4669; C73, §4315; C97, §5300; C24, 27, 31, 35, 39, §12896; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §688.2; C79, 81, §703.3; 1981 Acts, ch 204, §1]Referred to in 717A.3A

703.4 Responsibility of employers. An employer or an employer’s agent, officer, director, or employee who supervises or directs the work of other employees, is guilty of the same public offense committed by an employee acting under the employer’s control, supervision, or direction in any of the following cases:1.  The person has directed the employee to commit a public offense.2.  The person knowingly permits an employee to commit a public offense, under circumstances in which the employer expects to benefit from the illegal activity of the employee.3.  The person assigns the employee some duty or duties which the person knows cannot 703.5Liability of corporations, partnerships and voluntary associations.1.  A public or private corporation, partnership, or other voluntary association shall have the same level of culpability as an individual committing the crime when any of the following is true:a.  The conduct constituting the offense consists of an omission to discharge a specific duty or an affirmative performance imposed on the accused by law.b.  The conduct or act constituting the offense is committed by an agent, officer, director, or employee of the accused while acting within the scope of the authority of the agent, officer, director or employee and in behalf of the accused and when said act or conduct is authorized, requested, or tolerated by the board of directors or by a high managerial agent.2.  “High managerial agent” means an officer of the corporation, partner, or other agent in a position of comparable authority with respect to the formulation of policy or the supervision in a managerial capacity of subordinate employees.[C79, 81, §703.5]2013 Acts, ch 30, §261be accomplished, or are not likely to be accomplished, unless the employee commits a public offense, provided that the offense committed by the employee is one which the employer can reasonably anticipate will follow from this assignment.[C79, 81, §703.4]

704.4 Defense of property. A person is justified in the use of reasonable force to prevent or terminate criminal interference with the person’s possession or other right in property. Nothing in this section authorizes the use of any spring gun or trap which is left unattended and unsupervised and which is placed for the purpose of preventing or terminating criminal interference with the possession of or other right in property.[C51, §2774; R60, §4443; C73, §4113; C97, §5103; C24, 27, 31, 35, 39, §12922; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §691.2(2); C79, 81, §704.4]

706.1 Conspiracy.1.  A person commits conspiracy with another if, with the intent to promote or facilitate the commission of a crime which is an aggravated misdemeanor or felony, the person does either of the following: a.  Agrees with another that they or one or more of them will engage in conduct constituting the crime or an attempt or solicitation to commit the crime’s.  Agrees to aid another in the planning or commission of the crime or of an attempt or solicitation to commit the crime.2.  It is not necessary for the conspirator to know the identity of each and every conspirator.3.  A person shall not be convicted of conspiracy unless it is alleged and proven that at least one conspirator committed an overt act evidencing a design to accomplish the purpose of the conspiracy by criminal means.4.  A person shall not be convicted of conspiracy if the only other person or persons involved in the conspiracy were acting at the behest of or as agents of a law enforcement agency in an investigation of the criminal activity alleged at the time of the formation of the conspiracy.[C51, §2758, 2996; R60, §4408, 4790; C73, §4087, 4425; C97, §5059, 5490; C24, 27, 31, 35, 39, §13162, 13902; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §719.1, 782.6; C79, 81, §706.1]1987 Acts, ch 129, §1

706.2 Locus of conspiracy. A person commits a conspiracy in any county where the person is physically present when the person makes such agreement or combination, and in any county where the person with whom the person makes such agreement or combination is physically present at such time, whether or not any of the other conspirators are also present in that county or in this state, and in any county in which any criminal act is done by any person pursuant to the conspiracy, whether or not the person is or has ever been present in such county; provided, that a person may not be prosecuted more than once for a conspiracy based on the same agreement or combination.[C79, 81, §706.2]

706A.2 Violations.1.Specified unlawful activity influenced enterprises. a.  It is unlawful for any person who has knowingly received any proceeds of specified unlawful activity to use or invest, directly or indirectly, any part of such proceeds in the acquisition of any interest in any enterprise or any real property, or in the establishment or operation of any enterprise .b.  It is unlawful for any person to knowingly acquire or maintain, directly or indirectly, any interest in or control of any enterprise or real property through specified unlawful activity .c.  It is unlawful for any person to knowingly conduct the affairs of any enterprise through specified unlawful activity or to knowingly participate, directly or indirectly, in any enterprise that the person knows is being conducted through specified unlawful activity .d.  It is unlawful for any person to conspire or attempt to violate or to solicit or facilitate the violations of the provisions of paragraph “a”, “b”, or “c”.2.Facilitation of a criminal network. It is unlawful for a person acting with knowledge of the financial goals and criminal objectives of a criminal network to knowingly facilitate criminal objectives of the network by doing any of the following: a.  Engaging in violence or intimidation or inciting or inducing another to engage in violence or intimidation .b.  Inducing or attempting to induce a person believed to have been called or who may be called as a witness to unlawfully withhold any testimony, testify falsely, or absent themselves from any official proceeding to which the potential witness has been legally summoned. c.  Attempting by means of bribery, misrepresentation, intimidation, or force to obstruct, delay, or prevent the communication of information or testimony relating to a violation of any criminal statute to a peace officer, magistrate, prosecutor, grand jury, or petit jury. d.  Injuring or damaging another person’s body or property because that person or any other person gave information or testimony to a peace officer, magistrate, prosecutor, or grand jury. e.  Attempting to suppress by an act of concealment, alteration, or destruction any physical evidence that might aid in the discovery, apprehension, prosecution, or conviction of any person. f.  Making any property available to a member of the criminal network. g.  Making any service other than legal services available to a member of the criminal network. h.  Inducing or committing any act or omission by a public servant in violation of the public servant’s official duty. i.  Obtaining any benefit for a member of a criminal network by means of false or fraudulent pretenses, representation, promises, or material omissions. j.  Making a false sworn statement regarding a material issue, believing it to be false, or making any statement, believing it to be false, regarding a material issue to a public servant in connection with an application for any benefit, privilege, or license, or in connection with any official investigation or proceeding.

706A.2 Violations.1.Specified unlawful activity influenced enterprises. a.  It is unlawful for any person who has knowingly received any proceeds of specified unlawful activity to use or invest, directly or indirectly, any part of such proceeds in the acquisition of any interest in any enterprise or any real property, or in the establishment or operation of any enterprise. b.  It is unlawful for any person to knowingly acquire or maintain, directly or indirectly, any interest in or control of any enterprise or real property through specified unlawful activity. c.  It is unlawful for any person to knowingly conduct the affairs of any enterprise through specified unlawful activity or to knowingly participate, directly or indirectly, in any enterprise that the person knows is being conducted through specified unlawful activity. d.  It is unlawful for any person to conspire or attempt to violate or to solicit or facilitate the violations of the provisions of paragraph “a”, “b”, or “c”.2.Facilitation of a criminal network. It is unlawful for a person acting with knowledge of the financial goals and criminal objectives of a criminal network to knowingly facilitate criminal objectives of the network by doing any of the following: a.  Engaging in violence or intimidation or inciting or inducing another to engage in violence or intimidation. b.  Inducing or attempting to induce a person believed to have been called or who may be called as a witness to unlawfully withhold any testimony, testify falsely, or absent themselves from any official proceeding to which the potential witness has been legally summoned. c.  Attempting by means of bribery, misrepresentation, intimidation, or force to obstruct, delay, or prevent the communication of information or testimony relating to a violation of any criminal statute to a peace officer, magistrate, prosecutor, grand jury, or petit jury. d.  Injuring or damaging another person’s body or property because that person or any other person gave information or testimony to a peace officer, magistrate, prosecutor, or grand jury. e.  Attempting to suppress by an act of concealment, alteration, or destruction any physical evidence that might aid in the discovery, apprehension, prosecution, or conviction of any person. f.  Making any property available to a member of the criminal network. g.  Making any service other than legal services available to a member of the criminal network. h.  Inducing or committing any act or omission by a public servant in violation of the public servant’s official duty. i.  Obtaining any benefit for a member of a criminal network by means of false or fraudulent pretenses, representation, promises, or material omissions. j.  Making a false sworn statement regarding a material issue, believing it to be false, or making any statement, believing it to be false, regarding a material issue to a public servant in connection with an application for any benefit, privilege, or license, or in connection with any official investigation or proceeding.3.Money laundering. It is unlawful for a person to commit money laundering in violation of chapter 706B.4.Acts of specified unlawful activity. It is unlawful for a person to commit specified unlawful activity as defined in section 706A.1.5.Negligent empowerment of specified unlawful activity. a.  It is unlawful for a person to negligently allow property owned or controlled by the person or services provided by the person, other than legal services, to be used to facilitate specified unlawful activity, whether by entrustment, loan, rent, lease, bailment, or otherwise. b.  Damages for negligent empowerment of specified unlawful activity shall include all reasonably foreseeable damages proximately caused by the specified unlawful activity, including, in a case brought or intervened in by the state, the costs of investigation and criminal and civil litigation of the specified unlawful activity incurred by the government for the prosecution and defense of any person involved in the specified unlawful activity, and the imprisonment, probation, parole, or other expense reasonably necessary to detain, punish, and rehabilitate any person found guilty of the specified unlawful activity, except for the following: (1)  If the person empowering the specified unlawful activity acted only negligently and was without knowledge of the nature of the activity and could not reasonably have known of the unlawful nature of the activity or that it was likely to occur, damages shall be limited to the greater of the following: (a)  The cost of the investigation and litigation of the person’s own conduct plus the value of the property or service involved as of the time of its use to facilitate the specified unlawful activity. (b)  All reasonably foreseeable damages to any person, except any person responsible for the specified unlawful activity, and to the general economy and welfare of the state proximately caused by the person’s own conduct. (2)  If the property facilitating the specified unlawful activity was taken from the possession or control of the person without that person’s knowledge and against that person’s will in violation of the criminal law, damages shall be limited to reasonably foreseeable damages to any person, except persons responsible for the taking or the specified unlawful activity, and to the general economy and welfare of the state proximately caused by the person’s negligence, if any, in failing to prevent its taking. (3)  If the person was aware of the possibility that the property or service would be used to facilitate some form of specified unlawful activity and acted to prevent the unlawful use, damages shall be limited to reasonably foreseeable damages to any person, except any person responsible for the specified unlawful activity, and to the general economy and welfare of the state proximately caused by the person’s failure, if any, to act reasonably to prevent the unlawful use. (4)  The plaintiff shall carry the burden of proof by a preponderance of the evidence that the specified unlawful activity occurred and was facilitated by the property or services. The defendant shall have the burden of proof by a preponderance of the evidence as to circumstances constituting lack of negligence and on the limitations on damages in this subsection.1996 Acts, ch 1133, §27; 1998 Acts, ch 1074, §33Referred to in 706A.3, 706A.4

708.4 Willful injury. Any person who does an act which is not justified and which is intended to cause serious injury to another commits willful injury, which is punishable as follows:1.  A class “C” felony, if the person causes serious injury to another.2.  A class “D” felony, if the person causes bodily injury to another.[C51, §2577, 2594; R60, §4200, 4217; C73, §3857, 3875; C97, §4752, 4771, 4797; S13, §4771; C24, 27, 31, 35, 39, §12928, 12934, 12962; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §693.1, 694.6, 697.2; C79, 81, §708.4]99 Acts, ch 65, §5, 2013 Acts, ch 90, §184 Referred to in 80A.4, 702.11

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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

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Original layout of Dinwiddie and Conlee properties. Conlee structures are one small double wide trailer home. One two story single car garage. The driveway of both properties exit onto 5th street.

 

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After illegal property redevelopment. How many changes can you find on the 6 half lots that run parallel with the city alley?

 

Behavior so outrageous no reasonable person would commit such immoral acts, 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 intentional chemical exposure. This is nothing short of attempted murder. The motive for this enterprise of  local government officials to commit the criminal offenses they committed was at least in one case for personal financial gain. Mayor Dinwiddie had the opportunity to make a profit from a property he owned that was basically worthless. Worthless because the lot is a legally nonconforming property. The guidelines for redeveloping nonconforming lots are strict. Mayor Dinwiddie’s own statements at the council meetings prove he was aware of the written law and was a willing participant in violating the rights given to me. The other individuals that were in on violating the law and Federally protected rights from the beginning of the attack were, appointed building official/ Fire Chief/council member Mark Holland. 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  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 kindergarten 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 rapid effect it had on my health. I was disabled 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 an 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 it’s 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 kindergarten 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.

A brief summary and a few slideshows to present a fraction of the unjust, unaccountable and illegal offenses committed against me by my local government authorities

Here are a few of the documents that prove Federal law was violated. The most recent date a public official participated in an act of public corruption was April 2017. That person was newly elected Sheriff and City of Montrose clerk, Celeste Cirinna. At that time these two public officials conspired to suppress evidence that was posted on the City of Montrose website.  It really was a brutal attack on my physical and private property. This man is not fit for society, he intended to acquire my property the cost was of no concern to him. I had only two options, stay at my property and die from chemical exposure or flee from my property in an attempt to save my own life.  I felt forced to flee. I had obligations to make good on.  During the five years that the chemicals were unlawfully applied to my property I was unable to function. I had borrowed basic living expenses from friends, well over $10,000 during these five long years of intentional negligence or in my opinion full out conspiracy against my rights and deprivation of rights under color of law committed  by my corrupt city and county officials. I could not just leave this earth owing that much money to friends who really did not have it to loan it the first place. I suffered for 5 years of excruciating pain, believing that at some point someone of authority would feel obligated to step up, uphold the law and issue this man a trespassing complaint. One of my witnesses, a County Deputy stopped by my home in 2010 and advised me that this neighbor/council member had no intention of stopping with the chemicals.

Understand the basics of this case. This neighbor purchased a legally nonconforming property from the Mayor.  He began redeveloping the lot in 2003, beginning with the removal of the existing  two story single car garage shown in the upper center of the heading photo of this post. The State building code requires a standard procedure in issuing building permits. illegal building permits issued by the City building official.  The redevelopment was illegal from day one. The building permits are not completed as required by the State of Iowa. From the words of the Mayor himself at a city council meeting, “you cannot increase the size to be bigger than the existing buildings”. Even though he had a conflict of interest with every local authority and was allowed to commit these illegal acts,  the one thing that caused problems and the most important thing of all was that he could not get the illegal redevelopment recorded on the county plat map. He simply did not have enough square ft. of legally nonconforming property to accommodate the oversized nonconforming structures to comply with State building code or State drainage law. He decided the answer to his problem was to eliminate me. This was an easy task for him have the local authorities for whatever reason do whatever this neighbor requested of them. Had the attorney I hired to file a complaint done what he was hired to do and we had gone to court,  the court would have order removal of the structures and return the lot to existing condition. There was no option in this case.

It is true, a person does know when they are dying. I knew my days were numbered. I was ready to go, I had suffered long enough. To me it was worse than cancer as I had no timeline to estimate how much longer I would have to suffer. Cancer patients generally get told a timeline. I would not be here to tell this story if not for reasons unknown to me, months later I received a call from the University of  Ia hospital. They said they had a member of staff waiting for me in the ER and to get there asap. I did and this Dr. did save my life. To answer your questions, ​​yes I was forced to flee from my property in order to escape the chemicals. The EPA field investigator advised me that he had never heard of a case in which  a neighbor intentionally applied chemicals to his neighbors property. I understand that is because trespassing laws exist. Law enforcement had a duty to protect my rights. This man was aware that I thought the chemicals were causing my health problems. He never hesitated, he applied the chemicals to my property as if it were part of his maintenance routine for his own yard. There is no other case like this in the USA. This is complex and unprecedented. I was blind as a result of the medical treatment the local hospital administered to me in an unsuccessful attempt to offer me some relief for the severe pain I was having from the full body skin eruptions. In the one picture you can see that my legs are burnt. chemical burnt, I am tough country girl but to suffer that long with no assistance from law enforcement to protect my right to private property I believe was worse that a cancer diagnosis, I was never given a timeline before I would loose my life. I only knew I was going to die as a result of the actions of one man who has no regard for the law or life of another human being.sincerely, Melody Boatner there is so much more evidence to prove my case. I simply do not have the skills to put it together in a formal manner.​ Links containing relevant information that has been suppressed or intentionally overlooked by recently retired Lee County attorney Michael Short and in a civil court in which this neighbor sued me. Witnesses, conspirators​​, severe skin disorder.​​ The Good Old Boy Network​​, About Celeste Cirinna, City of Montrose Clerk,​​ No adverse impact and the courts

​ ​Anyone who believes they would be able just to let it go a brutal attack with the perpetrator using chemicals unlawfully applied to your property with intent to eliminate you and simply walk away, I can testify that you do not have the mental capacity to walk away from such a brutal attack. I have taken the short end of the stick my entire life. I have been the victim of narcissistic abuse my whole 59 years on this earth. I made a clean break from that situation.  I will be damn if a man with such an obvious, severe case of narcissism and psychopathic mental disorder is going to get away with this unscathed. After eliminating the toxic person that I had no choice to be raised with what are the chances a person with as severe or more severe individual would purchase the property adjoining mine.

This case was clearly premeditated. as he had blueprints that the building officials had to have reviewed,I am mad and I want these individuals held accountable. This never leaves my mind not for a second, not that one man is capable of such brutal acts, but that the entire local city and county government knew and allowed this to happen. The conspiracy to cover up these crimes is ongoing as recent as Memorial day. It will continue to be covered up until someone has the courage to put this story out for the general public to read, hear and see the photo evidence proving this happened. Yet I am the one whose character has been defamed by being falsely associate with illegal drug activity, and when asked any questions about this situation, the only response is that she is crazy, Mark Conlee has done nothing wrong. That statement according to two witnesses came from the mouth of the Mayor. The same Mayor who tried to convince me this is a private issue.  He offered me a job at the local community hospital in the maintenance dept.  He was the head of the department in or about 1995. I declined because I had just purchased this property so I could open my own upholstery business. He has known me personally for longer than he has been the Mayor of this city. I knew him when he was in college. I consider his siblings and mother as my family. I believe outside sources influenced his opinions and decisions. In fact I know that he was told I was crazy, but he should have considered the source, recognized it was hearsay.  There is no excuse for an term Mayor to allow and participate in crimes to be committed against me.

witnesses, conspirators,

The Good Old Boy Network,

Effects Toxic Chemical had with Direct Contact on my Skin

About Celeste Cirinna, City of Montrose Clerk,

About Lee County Detective Bob Conlee

About Attorney Steven Swan Esq

About Lee County, Ia State Attorney Michael Short

Source: https://poisonedbymyneighborfromhell.com – 

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.

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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 community. No violation of the law was recognized by the local law enforcement.

I was ready to check out of this life on a day that provided no hope. I had decided that I could not stand to suffer another day with this condition.

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Then out of the blue one single Dr saved my life. As of today I have it under control. This Dr. is from the University of Iowa Hospital. I 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.

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This does not happen in the USA. It violates my Federal right to enjoy my own property and my Federal 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 director was 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.

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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.

chemical poisoningcropped-severe-skin-condition-caused-by-illegal-application-of-chemicals-to-my-property

legs

severe skin disorder caused by illegal application of toxic chemicals to my property by Mark Conlee

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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

 

9-5-2017 To whom it may concern,

To whom it may concern,                        9-5-2017

I have a case of conspiracy deprivation of rights under color of law, terrorist’s acts with intent to cause me serious injury ​or death. Contrary to the advice of a local FBI agent that my case is civil. All actions against me are criminal not civil. I believe bribes have been taken by several of the local government officials involved in this conspiracy to acquire my real property. I have no authority to access financial records. The FBI does. In my opinion the main attacker has a severe case of narcissistic/psychopathic personality disorder. I have no authority to require those involved to take a polygraph. The FBI does. I am requesting some legitimate answers to questions I have been asking for several years and have received no response.

What exactly determines whether a case of conspiracy against right and deprivation of rights under color of law is civil or criminal. I have researched similar cases. I can find no other case in which the evidence supports one neighbor using chemicals to poison a neighbor. I have found cases where a neighbor has poisoned the neighbors pets. Those case are tried as criminal cases by a prosecuting attorney.

      I finally convinced a local agent to come to my home and review my evidence. I forewarned him that a review of the evidence takes an estimated 12 hours. He advised me that he has no intention of reviewing 12 hours of evidence. This agent stayed for 2 ½ hours. He only took notes from the information I was verbally giving him. He never reviewed the evidence stating that he had seen enough evidence. Never have my witnesses been interviewed.

The county attorney advised me that he would need an independent investigation. What does that mean? I told him that I wanted an investigation. He never responded. I suppose his recent retirement suggests that he never intended an investigation be done. They have no defense. My evidence is undeniable.

According to the official website the FBI investigates cases alleging,

Fabricating evidence against or falsely arresting an individual also violates the color of law statute, taking away the person’s rights of due process and unreasonable seizure. In the case of deprivation of property, the color of law statute would be violated by unlawfully obtaining or maintaining a person’s property, which oversteps or misapplies the official’s authority.

  1. False arrest and fabrication of evidence: The Fourth Amendment of the U.S. Constitution guarantees the right against unreasonable searches or seizures. A law enforcement official using authority provided under the color of law is allowed to stop individuals and, under certain circumstances, to search them and retain their property. It is in the abuse of that discretionary power—such as an unlawful detention or illegal confiscation of property—that a violation of a person’s civil rights may occur.
  2. The Fourteenth Amendment secures the right to due process; the Eighth Amendment prohibits the use of cruel and unusual punishment. During an arrest or detention, these rights can be violated by the use of force amounting to punishment (summary judgment). The person accused of a crime must be allowed the opportunity to have a trial and should not be subjected to punishment without having been afforded the opportunity of the legal process.
  3. Failure to keep from harm: The public counts on its law enforcement officials to protect local communities. If it has shown that an official willfully failed to keep an individual from harm, that official could be in violation of the color of law statute.

Significant Racketeering Activity

The FBI defines significant racketeering activities as those predicate criminal acts that are chargeable under the Racketeer Influenced and Corrupt Organizations statute. These are found in Title 18 of the United States Code, Section 1961 (1) and include the following federal crimes:

  • Mail Fraud
  • Obstruction of Justice
  • Arson

 

“Domestic terrorism” means activities with the following three characteristics:

  • Involve acts dangerous to human life that violate federal or state law;
  • Appear intended (i) to intimidate or coerce a civilian population; (ii) to influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a government by mass destruction, assassination. or kidnapping; and
  • Occur primarily within the territorial jurisdiction of the U.S.

 

18 U.S.C. § 2332b defines the term “federal crime of terrorism” as an offense that:

  • Is calculated to influence or affect the conduct of government by intimidation or coercion, or to retaliate against government conduct; and
  • Is a violation of one of several listed statutes, including § 930© (relating to killing or attempted killing during an attack on a federal facility with a dangerous weapon); and § 1114 (relating to killing or attempted killing of officers and employees of the U.S.).

This began when my neighbor purchased that lot adjoining mine from the Mayor of my town. I purchased mine in 1995, completely renovated, and upgraded all structures. I had a comfortable home, a garage, and workshop which I operated a successful upholstery service. I had satisfied the loan within 5 years.

      Both the neighbors and my property are legally nonconforming lots 70’w X 300’l. The frontage of both properties was 5th St. When he first constructed the illegal nonconforming garage I was concerned. The fact that not only had he regraded the fill dirt he trucked in to direct storm water onto my property, he also changed the direction of the over sized roof surface 90° from the existing garage diverting all storm water onto my property. His garage was illegal to begin with in regards to redeveloping legally nonconforming property. A building permit should have never been issued for this structure. The building official refused to address my concerns. I was advised he intended to build living quarters on the second story; The County reassessed the value of my property at a loss of $10,000 for my three undeveloped “half” lots.

The following year a suspicious fire destroyed the existing home. The neighbor apparently changed his mind about building a living quarters in the upper level of the nonconforming garage. He constructed a new over sized home; again, to large to comply with current building codes, he altered the  frontage of his home, now the frontage of the home is the city alley. The building permit for this structure was signed and approved by the city building official. This permit lacked a fee amount charged and the signature of the builder.

The existing conflict of interest between those involved made it impossible for me to get any protection of my rights from law enforcement. Multiple times I attempted to contact the city building official as standard procedure provides citizens to remedy of such situations. The building officials never responded. I did catch him outside his home planting garden and showed him the aerial photo, advised him that the illegal removal of the berm was the cause of my foundation washing out. He stated that he had forgotten about that berm. I assumed he would take action as his duty describes and remedy the situation. He did not, when asked by a witness on my behalf and fellow council member if he was going to address my concerns he stated that he was not. The mayor did come by and tell me “he cannot do that but it was a private issue”. Apparently, the mayor had not reviewed the permits prior to voicing his opinion, According to the city ordinances he has no authority to act as City building official. I went to the next council meeting with the building permits in hand and before I could ask my question the Mayor volunteered his knowledge that the builder’s signature alleviates all liability of the city. At that time I submitted the building permit issued and approved by the building administrator but not signed by the builder, there were no comments made by the mayor or any other person attending the meeting. You could have heard a pin drop. My questions have yet to be answered. Public record shows the mayor implicating himself in several similar situations.

Lee County detective Bob Conlee did misrepresent his authority by acting as a building authority for the City, advising his brother, “the neighbor” that he was not responsible for my damages. The County detective had no jurisdiction or authority to act as a city official and violation of a conflict of interest being he is the brother of this neighbor.

At this point the neighbor, Mayor, building official, and Lee county detective intentionally conspired to deprive me of equal protection of the law.

I developed what I referred to as a “rash” on my shins. This was not a normal itch as from a bug bite or poison ivy, although I have never had poison ivy. This was an intense itch, according to the dermatologist it was caused by something I had never been exposed to. Only after the grass turned green in the spring did I discover the neighbor had applied toxic chemicals to my property. I verbally told him upon discovery not to apply anything to my property, not to come onto my property and followed up requesting an incident report from the Chief of Police. The neighbor continued to apply the chemical to my property routinely for the next 5 years. I did receive an incident report from the Police Chief 16 months after I requested it.

Within 9 months of first discovering the chemicals I was unable to function, I could not bear to wear clothes. My rash had developed into a full body severe skin condition; the neighbor was elected to City council after the first year of intentionally exposing me to toxic chemicals. His intent was clearly to cause me financial harm by using his position to harass me.​

      I was constantly being issue citations from the City, every time the charges were dismissed. The city clerk on the neighbors behalf fabricated ordinances, altered the original building permit for the new home to conflict with what my expert witness had observed when he came to the location and wrote a letter pertaining to the building permit issue to the mayor and myself, including the State drainage laws. All the summons against me for criminal acts issued by the county attorney were based on fabricated laws. ​Every dismissal only increased the aggression of the neighbor.

He began applying the chemicals to the city’s easement on my property. The chemicals washed across the property of two downstream neighbors, killing all living things. The neighbor called the EPA.  A field investigator came to the location and took written statements from the two neighbors, and myself. I advised him that I just wanted to know what the chemical was so my dermatologist could provide treatment for a specific chemical. The field investigator advised me that I should go to the council meeting and ask them because it would be 9 months before the lab results would be completed. I went to the council meeting. The neighbor remained seated in his position as if there was no conflict of interest. Standard procedure would require him to leave the room because my complaint was against him. I told them that I needed to know what the chemical was that was applied to my property strictly for medical purposes. Not one person said a word. Not one person suggested they would find out what the chemical was. It was obvious by visually looking at my arms that my health had rapidly deteriorated. To me that was the most brutal of all the attacks on my person. The following day I stopped the Director of the street dept. and told him what had happened at the meeting. He advised me they could not tell me because they did not know any chemicals were being applied to the City easement. The EPA sent the city a warning letter stating all the laws they had violated in applying the chemicals. The reason the EPA got involved was the fact that the easement of my property was the point source of the headwater of a creek that feeds directly into the Mississippi River. The chemical was determined to be glyphosate, there is no specific test or treatment for exposure to glyphosate because it is against the law to trespass on the property of another. To apply chemicals to another person’s property, knowing it was believed to be causing health problems to the owner is criminal. The field investigator advised me that my situation is “unheard” of. The city was issued a warning letter stating all the laws that were violated in applying the chemicals. There have never been chemicals applied by the City in this area before or anywhere else in town that I am aware of.

There is no other case in which one neighbor has been allowed and assisted by law enforcement  to expose his neighbor to toxic chemicals with intent to cause serious injury or death. This man was using these chemicals to eliminate me. His illegal property redevelopment was rejected from being recorded on the county plat map. He determined to remedy the situation by eliminating me and acquiring my property. He chose to do this by unlawfully applying toxic chemicals to my property. This man could have never achieved his goal of eliminating me if not for the assistance of his co-conspirators all of whom were city or county government officials. This was premeditated and nearly cost me my life.

I am requesting a full investigation into my allegations and this criminal enterprise be held accountable to the highest degree of the law.

  • My right to due process was violated.
  • My right to enjoy my property was violated.
  • My right to free speech was violated.
  • My right to equal protection of the law was violated.

Using chemicals with intent to cause serious injury or death can and should be considered attempted murder in this case. I did not willingly give up my property. A County officer stopped by my house to advised me that this man had no intention to stop using chemicals to eliminate me.

Perjury, knowingly making false police reports, fabricating evidence, fraud, obstruction of justice, conspiracy against rights, deprivation of rights under color of law. All of these allegations are all criminal offenses.

Being advised this is a civil case in my view is nothing short of advising me to take the law into my own hands. I have no authority to prosecute criminal offenses. I have no authority to search for bribes being taken by reviewing the financial records of these individual’s. The Federal authorities are the proper authority to investigate and prosecute the crimes alleged in this document. Advising me that this is a civil case is the same as telling me that for justice to be served I must invoke my rights given by the second amendment.

Is that what I should be forced to do? I need answers to these questions. I am being forced to commit a criminal offense, so justice can be served? Nobody has ever been in this position in the history of the United States. How many civil cases are filed against criminal offenses?

I know the duty of law enforcement is to protect the rights of the people. I know it is not the duty of law enforcement to fabricate evidence, act as a witness for a person who intends to violate a court order. As recent as April 2017 warn a city clerk an investigation is going to happen so she has the opportunity to suppress evidence that was prior to the warning, posted online for the public to read. When I tally it up every crime that has been committed against me in this case it completely describes what is  listed on the FBI website as being high priority. An FBI investigation is required to hold government accountable for public corruption. Any information that has been or will be stated by local authorities to a higher authority will be fabricated, I know that for a fact. No person has ever reviewed my evidence. The only two people who know the facts of this story are me and my terrorist attacker, the neighbor.  I have been advised this is a civil case. I strongly disagree.  I was not allowed to file a trespassing complaint against this man when he was unlawfully applying chemicals to my property. I did in fact hire an attorney to sue the City, he took my money and I suspect he took some money from the neighbor. My attorney claimed he filed the complaint. He did not file a complaint.

The neighbor filed a civil complaint against me for, of all things, loss of enjoyment of his property. I within my legal rights put up a privacy curtain. The attorney that I hired to sue the city countered with a nuisance drainage complaint. He failed to question any of my “compelling” witnesses. The same witnesses he referred to as experts in their own right. He failed to notify me that a decision had been made. When I did find out a decision had been made I called him and he advised me that to file an appeal he would need $4000 and he did not want to do it anyway. He advised me that I only had 7 days left to file an appeal. I did attempt to get the transcripts from the court and spoke with a Jody Green. She advised me that the transcripts would not be available until Feb. and the price would be $27.00 I believe. I have the detail including date and amount written down in my evidence. How ethical is it for an attorney to withhold testimony and written affidavits from the court. How ethical is it for an attorney to acknowledge the judge had errors in his decision based on what the only relevant witness the neighbor had. How ethical is it for an attorney to claim he file a complaint on your behalf against the liable party but did not. The evidence will support my attorney conspired with the neighbor violating my State and Federal Constitutional rights. The court dismissed my counter complaint  because the evidence and witness testimony was suppressed. I did not understand why he countered against the neighbor in the first place. I knew what my attorney advised me of the first day we met. The city is the liable party in my case. My attorney advised me that we would sue both parties. I hired him to present my case against the city I had nothing to do with a complaint against my neighbor. The city allowed and assisted the neighbor to violation the state building code and drainage law. The counts of perjury the neighbor and his attorney committed are unbelievable. He could not keep his interrogatories from conflicting with his courtroom testimony. Was the judge involved in this conspiracy? You review that evidence and give my your opinion. The court dismissed his case citing my “right to use my property as I see fit”. I felt a sense of relief. I understood the judge intention was for me to control my property in all matters.

After the court ruling the neighbor, accompanied by the police chief, approached me while I was in my yard to informed me that the neighbor was going to move the 48 landscape timbers that I had placed on my side of the common boundary to divert the nuisance stormwater drainage to the city drainage ditch the best I could. I advised the neighbor that if he had a problem with the boundary the proper procedure is to file a civil complaint against me again. I asked the police chief why he was there. He responded that he was acting as a witness that the neighbor told me in advance that he was going to move the landscape timbers on my property. At that time I advised them both that I intended to invoke my second amendment rights. I went directly into my house and returned with a long arm single shot pellet gun. I told the police chief to never knock on my door again. He never knocked on my door again. As a normal human being, I to need to sleep. I was still trying to operate my business. I had not planned on spending this many hours defending my person and property against a neighbor who showed no sense of reason since he began his property redevelopment 2 years earlier. I went out in the yard the next morning and he had moved the protective landscape timbers and pulled up the lawn edging I had just installed as an additional form of protection. The only authority available for me to file a complaint to was the same police chief that had conspired to allow me to be poisoned in the first place. He stated the reason he would not issue the neighbor a citation was because he did not want to make him mad. I completely understand why someone would not want to get on this seemingly psychopaths bad side. I experienced his unconscionable, unreasonable behavior personally.

Within a matter of weeks the police chief was given the opportunity to resign with a positive recommendation to the next police department that hired him or be terminated. He chose to resign. The day after I was forced to defend my property with a weapon against the neighbor and law enforcement, one of the city deputies called me and advised me that the city did have an ordinance prohibiting bb guns. As if an ordinance was going to prevent me from defending my person and property from trespassers.

The next violation committed against me the neighbor reported gun shots fired from my property. A city deputy along with a string of Sheriffs officers swarmed my home. The reason for this was because the neighbor wanted to know if I did have weapons in my possession. They went so far as to call my son at his work and as him if I had weapons. The neighbor knowingly made a false police report. Making false police reports is also listed on the FBI website as a criminal offense. Again a review of my evidence will support all my allegations. No person of authority has ever reviewed my evidence except the county attorney. All evidence as been supported by “the neighbor said”.

This man and the local government officials have shown no regard for my life, liberty and pursuit of happiness.  The chemicals he was using were literally killing me.  Lee County attorney sent a deputy to my home to investigate a second criminal complaint the neighbor had filed against me for “giving him the finger”. I showed the deputy the court order, specifically where the judge is citing of my right to enjoy my own property. I advised the deputy that I wanted to file a trespassing complaint against the neighbor. The neighbor ignored the court order as if he was above the law. The deputy advised me that the court order did not specify chemicals could not be applied to my property adding that he was only at my home to investigate the complaint my neighbor filed against me for giving him the finger. He left and that complaint was dismissed due to lack of evidence. There is no law against giving anyone the finger, this was the second complaint for the same criminal charge the County attorney file on his behalf against me. This one the citation included “he was tired of me doing this all the time. Trumping up the charge to harassment.

I was advised that all criminal complaints must be referred to the county attorney by the Sheriff or other law enforcement authority. Well in this case that is not going to happen because of the conflict of interest existing among my attackers. I do not know if the city and county officials who followed behind this County Attorney, Mayor, building official/council member, and neighbor/council member were involved on the conspiracy against my rights or if they were manipulated into believing all they were told by this neighbor. I do know I have never been given the opportunity to tell the story and present the evidence in its entirety to any authority. about this in a public forum, or in a private meeting. Exposing public corruption in my case has been one of the most difficult tasks I have had to face in my 60 years on this earth. In this land of the free. This was nothing less than a brutal life threatening attack waged against me by my local government officials. It was not the neighbor until after he suspiciously was elected to city council that had the duty to protect my State and Federal rights.

I am mad as hell and I am not going to take it anymore. I will not allow my rights to be violated  It is not my duty, nor did I take an oath to uphold the rights given by the Constitution as every person involved or notified about this situation has. I simply will not let it go. This was nothing short of feeling as if I have been gang raped. This is constantly on my mind. It will not go away. It should not go away as this in not what the Nation aspires to do to its citizens.

If I put chemicals on anyone’s property only one time I would be charged with trespassing. This was done to me with no regard to human life for over 5 years. I am angry and time does not ease the pain. I suffer from PTSD as a result of the ongoing attack against me by this enterprise of government officials. To suggest a statute of limitations has expired is an insult to my intelligence. There is no statute of limitation for terrorism. The attack against me was in violation of my State and Federal constitutional rights. The State itself was actively supporting the violation of my rights. The attorney I hired conspired against my rights. You can visit https://poisonedbymyneighborfromhell.com to see some of the hard copy evidence that supports my allegations. This is only the tip of the iceberg of the criminal offenses committed against me to acquire my property. Deprivation of rights under color of law.

Sincerely,

 

 

 

 

 

 

 

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.

Violation of Federal law. This situation is not difficult to understand.

Sheriff Weber recently told me there has been an investigation into my allegations since May 1st. The only thing that I am aware of that has happened is the city clerk still participating the the conspiracy to cover up the evidence of the City officials implicating themselves by taking down the City’s webpage that had the min of the meeting since 2005.

This situation is not difficult to understand.

Mark Conlee, brother of Lee County Detective Bob Conlee purchased the legally non conforming property from Mayor Dinwiddie. He began redeveloping the property by tearing down the existing single car garage, trucking in enough fill dirt to elevate the property in some areas 10′ higher than before, he constructed a nonconforming 2 story oversized garage. He altered the roof surface from standard procedure by turning it so it diverted storm water runoff directly onto my property, he changed the grade of the fill dirt so all storm water ran onto my property. My property lost value of $10,000 just because the drainage was forseeable going to cause my property uncontrollable flooding. In questioning this illegal structure I was advised Conlee intended to build a living quarters in the upper level. Standard procedure requires drain tile to be installed around the base of the slab, it was not. Standard procedure requires gutter and downspout to be installed and directed to the city drainage ditch, it was directed directly to divert storm water from the massive roof onto my property.

The following spring there was a suspicious fire that supposedly destroyed the existing trailer. Suspicious to me because the only firemen on the scene that morning were Mayor Dinwiddie, building official/fire chief Mark Holland, Mark Conlee and the son of Mark Holland. The son, Jake was a former resident of the Conlee property, we discussed the fire after the fact. I discovered that only 2 weeks prior there was a trailer fire at a nearby mobile home park that was caused by the same M.O. I understand my testimony is not acceptable but several weeks prior to the fire after his new garage was finished he came over to my yard and gave a friend who was with me a message from his brother in Fla. At that time I asked him, “now that you have that nice new garage what are you going to do with the trailer, he said he wanted it to burn. I was still understanding he was going to build a living quarters in the second level of the garage. The morning of the fire, there was no fire alarm that went off, being 1 block from my house I was always awakened by the siren. That morning I was awakened by the clanging of the fire hose being connected to the hydrant on my corner of the street. The only fireman who acted in an attempt to extinguish any fire was the son, Jake Holland. The other 3 on the scene did nothing but stand on the sidewalk the entire time and chat. Jake got the hose connected and was motioned to lay it down. There was no action physical action made to extinguish any fire. After some amount of time an hour or so Mark Conlee puts on the hazard uniform and enters the home. He exits about 5 minutes later empty-handed and gives the others still on the sidewalk a nod. They continue to stand on the sidewalk for another hour or so. Jake puts the equipment away and they go on about their day. I find it suspicious that Dinwiddie and Holland did not go to their regular job that morning. Conlee went to work and was called home. There was no smoke coming from the building, there was nothing telling that a fire had happen to the building after it was over.

Conlee almost immediately builds a new home. There is no question that the building permit is illegal. He changed the frontage of the home to now be the alley, that is illegal. The roof surface is also altered from standard procedure just as the garage and directed to divert storm water directly onto my property. I advised Conlee that we needed a ditch, reasonably to run directly down the common boundary since he was the one who had the new redevelopment that caused the problems to my property. He was unwilling to have it on his property, the man I was going to barter upholstery for excavating a ditch backed out fearing a liability if he happened to get on Conlee property since there had been no survey, only a verbal agreement on the common boundary. Conlee illegally removed an existing berm that had been put in place by the original owners of both property for the sole purpose of protecting my home structure from storm water runoff from the Conlee property when the original home burnt prior to 1972 when they brought in the mobile home. Berm and swale were commonly used at that time for this purpose. The berm was on the Conlee side of the common boundary, the swale was on my side of the common boundary. The building officials refused to address my concerns, his duty is to oversee property redevelopment is in compliance with State building and drainage laws. When he refused to come to the location I contacted Lee County Ext, agent Robert Dodds, he did come to the location and took some photos. I had many questions I showed him the building permit which lacked the signature of the builder Mark Conlee but was signed and approved by the building official. Mr. Dodds noticed some other discrepancies on that building permit. He questioned why years before when he built a garage he had to pay a pretty significant amount for the fee charge of his building permit. Mark Conlee had paid no fee according to the permit. He explained that in regards to storm water drainage and property development you are not allowed to divert more storm water to the neighboring property than before the redevelopment. He sent a copy of the letter to Mayor Dinwiddie allow with drainage laws. Dinwiddie had no regard for this expert opinion. When all other times any opinion from Mr. Dodd has held high regard with the city of Montrose.

I hired attorney Steve Swan to sue the city of Montrose. Retired Sheriff’s officer, John Farmer referred Swan to me. John worked for the city of Montrose prior to moving up to the sheriff’s dept. He is well aware of the characters who hold positions in Montrose. I met with Swan and he advised me that John Farmer had briefed him on the case, John told him that I did not have many financial resources. I had been self-employed as an upholsterer since I purchased my property in 1995. I was never without work, but I basically charged what I needed to pay my bills, explains why I had a backlog of work for over a year at all times. Swan also advised me that he had spoken to Lee County Detective Bob Conlee, Bob had already lied to him when he told him his brother never trucked in any fill dirt but poured the new slabs just as the property existed. He advised me that my case was a tort case and we would sue both parties, Conlee and the city. He asked if I would be willing to barter upholstering his vehicle for his service. I willingly took him up on that offer, I was so moved by his kindness I had to pull over on the highway because I was crying with gratitude. The following day I received a copy of a letter of intent he sent to Conlee the previous afternoon. The letter demanded Conlee remedy the nuisance drainage problem in 10 day or he would file an injunction against him. Conlee began removing the existing evidence of the berm and its height, he built a little roof over the door on the side of his house as if he had not changed the frontage of his property.

I emailed Swan multiple times on the 10th day telling him to file the injunction. I never heard another word from him and he filed no injunction to stop work.

Soon after this, a rash developed on my shins, I referred to it as a rash because that was what it appeared to be to me. I thought perhaps an allergic reaction to something. I had never had any problems prior to this with my skin, I had never even have poison ivy.The itch was intense, nothing similar to a bug bite. I had used a push lawnmower since I purchased my place, I did that for cardio, and in fact I never wanted a riding lawn mower. The next time I went out to mow I noticed that the neighbor had applied something to my side of the common boundary. I had never been exposed to what I assumed was weed killer. I had not changed my routine for 10 years. It seemed reasonable that whatever this neighbor was apply to my side only of the common boundary could possibly be the cause of what had now rapidly spread over other parts of my body. I told him and the new police chief that day not to apply anything to my property and explained I thought it could be the cause of my skin eruptions. I requested an incident report from the police chief.

By this time my opinion of Mr. Conlee’s character was less than honorable. He knew my property was flooding, my foundation had been damaged and he was unwilling to allow me to have a ditch dug down the common boundary. He continued using the chemicals without hesitation as routine yard maintenance applying them to my property only. I kept requesting the incident report from Chief Shipman and he kept coming up with excuses as to why he did not have it for me, a witness says he was lying about the reason he did not have it. When I did receive it 16 months later the first on was not satisfactory in detail, I told him no that I wanted one with the details. A week later he gave me a half-hearted report. By this time my rash had become a severe skin condition. My entire body was raw. The pain was excruciating, it was unbearable to wear clothes.

I had requested a trespassing complaint be file on my behalf early on. Every request denied by the City and Lee County Attorney. The chemicals now had become a weapon with intent to cause me serious injury. The fact that I was denied equal protection of the law and access to the courts make this a conspiracy deprivation of rights under color of law.

It became clear to me the reason Conlee would not stop applying chemicals to my property when I realized he was unable to get the illegal redevelopment recorded on the county plat map.

Lee County attorney Mike Short suggested mitigation two years in a row, I was willing. Even sent my report in the mail to the mitigation service. However Mark Conlee was not. He knew his illegal redevelopment would be order to be removed. return the lot back to the original state. His excuse the first year was because he had paid an attorney to represent him in a civil case he filed against me. In that case the judge dismissed his case citing my right to enjoy my property. I put up a privacy curtain and Mr. Conlee believing my backyard was his backyard because he changed the frontage of his home to face the alley was offended by the curtain. I knew I was well within my rights. I always know the law before I ever act. I felt a sense of relief by the judge’s ruling. My right to enjoy my property in my mind meant no more chemicals on my property either. I was wrong about what the ruling meant to Mark Conlee and Chief of Police Brent Shipman. They approached me in my yard one day and Conlee advised me he was going to my the railroad ties I had legally placed down my side of the common boundary to divert the storm water toward the city drainage ditch. I advised him if he had a problem with the boundary line he would need to file another civil complaint. I question Brent Shipman as what was purpose of him being with Conlee. He advised me that he was acting as a witness that Conlee was telling me ahead of time that he was going to alter my property. At that point I advised them both that I intended to invoke my second amendment right. I advised Chief Shipman never to knock on my door again. I headed to the house to get my weapon, you never saw two adults run up a hill so fast.

Imagine now, here I am, my body completely raw, trying to meet deadlines for my upholstery clients and having to defend my property every afternoon from 3:30pm the rest of the night.

I retrieved my weapon, a single shot long arm pellet gun and stood guard on my property till way past dark. I had to have some rest, I had other responsibilities so I went in the house and laid down to sleep a bit. When I woke up the next morning I went out to check the boundary line. Sure enough Conlee had moved the railroad ties I placed to protect my property. I had them held in place with staubs. I had new lawn edging put in place and the railroad ties were pushed every which way. The staubs were broken off, the edging pull out of the ground and just laying there. My skin condition was full body, I was terrified to go near that boundary in the first place, I have never felt so violated in my life. This was done in contempt of a court order. I called the only authority of the law available Chief Shipman and told him I wanted to file a trespassing complaint against Conlee. He asked me if I saw him do it. I told him he was the witness that Conlee was going to do it. It was complete violation of my rights. It was a conspiracy.

I again contacted Lee County attorney Mike Short, he advised me that he doesn’t let neighbors file complaints against each other because it never stops. Yet I was charged by the State and City several times on fabricated laws and ordinances on Conlee’s behalf. I never even got into the courtroom. Conlee did not even show up. I was told by Montrose Deputy Judd that Conlee was on vacation in Fla. What kind of public servants are these people. What kind of people conspire with intent to cause serious injury to anyone? Narcissists are described as these kind of people. It only take one narcissist to manipulate a group of people into believing anything they say. With every complaint that was dismissed against me the more aggressive the City, on Conlee’s behalf, became to find me guilty of a crime. Public record has a discussion about it. The council and Mayor discuss going to speak with the judge. What does that mean? Offer him a bribe? The judge knew the laws. The judge knew what wasn’t against the law. What else would they feel they needed to speak to him about?

Well the reality set in after 5 years of being abused by my local government officials, committing criminal acts against me. I had by this time lost my eyesight, unable to read, unable to recognized people, I was terrified. A neighbor using chemical weapons with intent to cause serious injury is defined as terrorist acts. If he is capable of doing this what would he not do to eliminate me? These government officials conspired to commit terrorist acts against me. Deprived me of my rights under color of law, committed a conspiracy against my rights as well as defamed my character and fabricated ordinances and laws in an attempt to cause me financial harm.

Mark Conlee had to have my property to ever get his illegal redevelopment recorded on the county plat map and he decided the action to take was to eliminate me. I had two options one was to shoot him dead or flee and seek justice according to the law. I mistakenly chose the latter option. To date I have gotten little if any interest in my story. I am sure if the right person gets to read this action will be taken and justice will be served. But how long? The City and Prosecuting attorney had the duty not to let this happen in the first place.

One other thing I want to mention in regard to Mayor Dinwiddie and his property. Several years ago a woman spoke to the city council about opening a tattoo shop in a building that was available, the council discussed this and they did not think a tattoo shop would represent the city as they wanted it to be represented. It was only a short time later that a different woman spoke to the council about opening a tattoo shop in a building she intended to purchase from Mayor Dinwiddie, the city council was all for this new business in town. What is the difference? Mayor Dinwiddie would receive a personal financial gain just as he did when Conlee purchased the legally nonconforming lot from him.

Attorney Steve Swan conspired with Conlee in violation of his oath to represent his clients best interest

Lee County Attorney Mike Short conspired with Mark Conlee by denying me equal protection of the law, access to the court, and terrorist acts. Conspiracy against rights under color of law.

Lee County Detective conspired with Mark Conlee in misrepresenting his authority to be that of a building official, he was acting without jurisdiction, he defamed my character and knowingly made false statements associating me with illegal drug activity. Conspiracy against rights under color of law.

The most recent act of conspiracy was when Sheriff Stacy Weber advised the city clerk that there was an investigation that initiated City clerk Celeste Cirinna took down the City of Montrose website that contained the minutes of the council meeting and evidence of these officials implicating themselves to suppress the evidence. I have copies of all the meeting minutes.

City clerk Celeste Cirinna committed multiple counts of fraud, conspiracy against rights. But Lee County attorney refused to prosecute any of these criminal offenses. They already knew they could do anything and not be held accountable by local law enforcement. The evidence cannot be disputed, they have no defense.

What is not in violation of Federal law in this case is my question?

Melody Boatner

https://poisonedbymyneighborfromhell.com

This meeting minutes seems so relevant in the dumbing down of the citizens it in my opinion is ridiculous.

March 3, 2005                                                                                        PAGE 196

MONTROSE COUNCIL MEETING PUBLIC HEARING & REGULAR MEETING

The Montrose City Council met for Regular meeting at 7:00 p.m. on the 3rd day of March 2005.  Council met at City Hall, 102 S. 2nd St. pursuant to law with Mayor Ronald Dinwiddie presiding and the following Council members present: Brisby, Holland, Junkins, and Slater.  Roberts was absent.

Call to Order. Regular meeting called to order at 7:00 p.m.

Agenda. Moved by Holland, seconded by Slater to approve Agenda without Item No. 2 under New Business. All ayes. Motion declared carried.

Page 197     MONTROSE COUNCIL MEETING        MARCH 3, 2005,      PAGE 2

Ordinance No. 191. Councilwoman Brisby says we had a building inspector at one time.  Dinwiddie says we don’t have one now because the City didn’t want to be responsible if they inspected a home and something happened. Brisby also states the City had a building code at one time. Dinwiddie says that code was from the 1980’s. We are now adopting the International Building Code. He says even if we don’t have a building inspector, if someone has a complaint the City could enforce the International Code.  Moved by Holland, seconded by Slater to pass on first reading AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF MONTROSE, IOWA 2003 BY AMENDING PROVISIONS PERTAINING TO CHAPTER 50 SO AS TO PROVIDE A NUISANCE CODE FOR NUISANCE ENFORCEMENT. Roll call voting 4-0.  Brisby, aye; Roberts, absent; Slater, aye; Junkins, aye; Holland, aye. Motion declared carried unanimously.

Ordinance No. 192. Moved by Holland, seconded by Brisby to pass on first reading AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF MONTROSE, IOWA 2003 BY ADOPTING THE INTERNATIONAL BUILDING CODE. Roll call voting 3-1. Junkins, aye; Slater, nay; Brisby, aye; Roberts, absent; Holland, aye. Motion declared carried.

Ordinance No. 193. Moved by Holland, seconded by Junkins, to pass on first reading AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF MONTROSE, IOWA 2003 BY ADOPTING THE UNIFORM CODE ON ABATEMENT OF DANGEROUS BUILDINGS.  Roll call voting 4-0.  Roberts, absent; Brisby, aye; Holland, aye; Slater, aye; Junkins, aye. Motion declared carried unanimously.

Ordinance No. 194. Councilman Holland says the Fire Department doesn’t have the Fire Code books. They do not do inspections because of the liability. He says the City can ask the State Fire Marshal to inspect a building if needed. Moved by Holland, seconded by Brisby to pass on first reading AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF MONTROSE, IOWA 2003 BY ADOPTING THE UNIFORM FIRE CODE. Roll call voting 4-0.

Slater, aye; Junkins, aye; Holland, aye; Roberts, absent; Brisby, aye. Motion declared carried unanimously.

Ordinance No. 195. Dinwiddie says the City is responsible for the trees between the sidewalk and the street. Moved by Holland, seconded by Junkins to pass on first reading AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF MONTROSE, IOWA 2003 BY AMENDING TREES. Roll call voting 3-1.  Holland, aye; Brisby, aye; Junkins, aye; Roberts, absent; Slater, any. Motion declared carried.

Hiring Police Chief. Clerk/Treasurer Cirinna says she received ten applications. All had been notified of the physical given by the Sheriff’s Office on March 10, 2005 at Central Lee. Council will meet at 5:00 p.m. on March 10, 2005 to review applications of the persons who have passed.

Dinwiddie went to the ILEA Records Requirement School. He says they realize not all towns hire a Police Chief the proper way. The City will now follow ILEA hiring standards. First there is a physical, the first interview, the MMPI and a second interview; all the while weeding out applicants.

Hiring Reserve Officers. Dinwiddie says we should wait. Kent Rubey concurred, saying we should wait until a Chief is hired.

Authors Note: The City ordinances code does include nuisance drainage ordinance. That code was never recognized when Mark Conlee’s illegal property redevelopment was diverting a significant amount more of stormwater onto my property, causing adverse effects to my property. Including uncontrollable flooding and loss of value.   The Mayor states the city could enforce the State uniform building code if needed. There was no effort to do that when Conlee was in violation. The Mayor is mistaken, the city is responsible for any damages due to negligence of the city. Any city who issues building permits, has an appointed building official (in this case Mark Holland) is obligated to oversee compliance to State building code and drainage laws. It is my opinion the Mayor was making this statement to dumb down the citizens attending this meeting. Are people really ignorant to believe these falsehoods? Are there no experts that have access to my posts. Nobody has an educated opinion. WTH is wrong with people who are silent when a brutal intentional attack has taken place against a neighbor, friend and fellow citizen? Any opinion is welcome. If anyone has evidence that a City can legally issue a building permit, have an appointed building official and not be responsible for damages occurred due to the building officials failure to address the concerns of a neighboring property owner, not review the building plans and assure compliance to State building code the show me what I do not know about. Just say something about any of the information I have and will continue to post. I believe the actions of my local government officials are criminal. In violation of my State and Federal Constitutional Rights. I am angry that nobody locally has answered even one of my questions. Now I am posting it publically and nobody has an opinion. GRRRR.

Some corrupt public officials get busted while others do not. Who make the final decision?

This is what I am talking about, this is the least of what should happen to corrupt government officials. I am curious as to who, when, and why these individuals were exposed.
I am sure someone had evidence that was submitted and shared with a higher authority. It makes no difference if the corruption is against a single person or a certain segment of society, we as individuals are guaranteed certain unalienable given rights.
These rights are to be protected by our local government officials.
In my case it was the local government officials who conspired to deprive me of those given rights, I was violated of my Federal Constitutional Rights and the proof is in the evidence I have documented and in my possession.
The FBI were part of the investigation into the case in this article.
Who is the top dog to contact in which I can have the opportunity to personally submit the hard copy evidence I have gathered.
In fact evidence still surfaces supporting certain individuals in my case are guilty of conspiracy.
A newspaper article recently stated that Lee County Attorney referred a case to the Iowa Attorney General, he was concerned about a conflict of interest with the officer involved. This same officer was involved in committing criminal offenses against me.
I have correspondence with Lee County Attorney Mike Short which I am begging him to recuse himself because of an obvious conflict of interest.
He simply would not, he fully participated in the attack against my person and property.
Racketeering influenced corrupt organizations act

http://www.bnd.com/news/local/article118959858.html

Sincerely,
Melody Boatner
Keokuk, Ia

About Lee County Attorney Michael Short

POISONED BY MY NEIGHBOR FROM HELL PRESENTS About Lee County Attorney Michael Short

Source: 7-2-1007 About Lee County Attorney Michael Short – Google Slides

Statute of Limitations – Tolling The Statute – Time, Action, Tolled, and Debt – JRank Articles

Statute of Limitations – Tolling The Statute

Source: Statute of Limitations – Tolling The Statute – Time, Action, Tolled, and Debt – JRank Articles

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.

 

 

Protecting Civil Rights: A Leadership Guide for State, Local, and Tribal Law Enforcement

Executive Summary

PROTECTING CIVIL RIGHTS:

A Leadership Guide for State, Local, and Tribal Law Enforcement

BACKGROUND

Protecting Civil Rights: A Leadership Imperative 

All law enforcement leaders recognize the ethical and legal imperatives to which they and their officers must adhere to ensure that civil rights of all individuals in their communities are protected. Law enforcement officers, in fact, are the most visible and largest contingent of the nation’s guardians of civil rights. Every police officer commits to upholding the nation’s prime guarantor of rights, the U.S. Constitution, when sworn into office. To be effective, a police department and its individual officers must be seen primarily as protectors of civil rights, rather than agents of social control whose main purpose is to limit individual freedoms. The effectiveness of police in their varied missions—from law enforcement to community service—depends on the trust and confidence of the community. Public trust and confidence are severely reduced when individuals’ civil rights are compromised. And when any community perceives that its civil rights are systematically violated by the police, all sense of trust, cooperation, and partnership between the police and that community will be undermined. Understanding these ethical imperatives, law enforcement leaders must be continually vigilant to ensure that the actions of their officers do not violate civil rights and do not compromise public support. Officers are granted a tremendous amount of authority and discretion to enforce the law, that is, to protect individual rights from being infringed upon by others in the community. At the same time, officers themselves must act within the confines of the Constitution while executing their tremendous power and wide discretion. They must never consider themselves above the law while executing their responsibility to enforce the law. This commitment is what distinguishes police in constitutionally based, democratic societies like ours from police in nondemocratic countries, where they too often are perceived as oppressive agents of a government whose main purpose is to restrict, rather than protect, the rights of civilians.

 Across the United States, law enforcement personnel have an overwhelmingly positive record of accomplishment for respecting and protecting civil rights. Leaders should find it heartening and a source of pride that the vast majority of the countless interactions that officers have with civilians result in actions that are conducted lawfully, professionally, and within constitutional boundaries. The fact that the overwhelming majority of police officers routinely respect civil rights under the most trying and volatile conditions is remarkable. Given the risks inherent in police work and the grave consequences that can occur when civil rights are violated, law enforcement leaders must be unwavering in holding their officers accountable. Their officers are vested with authority and discretion that can be abused. Unlike any other profession, the possibility of violating civil rights, or being perceived as violating civil rights, is inherent in many of the duties officers are required to perform on a day-to-day basis. Unfortunately, the notoriety and harm that arise from even isolated instances of civil rights violations can easily overshadow the vast majority of police-civilian encounters that are performed respectfully and professionally. Law enforcement leaders bear the tremendous responsibility to ensure that individual officers and units within their agencies uphold the law and its most basic guarantees.

 Realistically, law enforcement leaders recognize that on rare occasions officers will violate a civilian’s civil rights, wittingly or unwittingly. On even rarer occasions, groups of officers or small factions within an agency may act without regard for civil rights, perhaps even asserting that effective law enforcement can come only at the expense of civil rights. Leaders must be resolute in their responses to isolated incidents of civil rights violations to minimize damage and set a clear example. In the case of officers who systematically violate civil rights, their behavior must not be tolerated and action must be decisive and uncompromising.

Effective leaders, supported by the managers who serve them, must strive to identify and intervene when officers exhibit potentially problematic behavior before it escalates to the point of violating civil rights. Against this backdrop, the seriousness of law enforcement leaders’ responsibility to communicate a consistent and far-reaching commitment to civil rights protections cannot be overstated. Although laws, departmental policy directives, and standard operating procedures are critically important, law enforcement executives’ leadership and communication skills are the most critical elements for ensuring that officers regularly exercise sound judgment and engage in professional and ethical policing. Law enforcement leaders can and must demonstrate a fundamental and complete allegiance to civil rights protections in a coordinated manner using multiple approaches. They must clearly convey a simultaneous commitment to effective law enforcement and civil rights protection; they must codify this commitment in their agency’s mission statements; they must ensure that their department’s policies are clear, sound, and consistent with civil rights guarantees; they must train and supervise officers in manners that are consistent with this commitment; and they must respond to alleged civil rights violations with vigilance and with fair and decisive action. As law enforcement leaders succeed in these regards and make these efforts transparent to the public, they validate the core premise that civil rights protection is not only an ethical and legal imperative but a practical imperative as well. Protecting civil rights is good for police, good for the community, and essential for maintaining the partnerships that must exist between the two.

Federal Investigations: A Response to “Patterns or Practices” of Civil Rights Violations Despite the ethical, legal, and practical imperatives to protect civil rights, law enforcement officers occasionally abrogate their oaths. When these unwitting or intentional violations of citizens’ civil rights go unaddressed, they can escalate into more widespread patterns or practices of civil rights violations that can undermine the credibility of an entire law enforcement agency and erode public trust and confidence. Moving beyond isolated instances, pattern or practice violations of civil rights comprise an urgent call to law enforcement executives and the municipal, county, or state governments under which they serve to reassume the ultimate responsibility for ensuring that officers uphold their oaths of office and adherence to constitutional guarantees.

During the last decade, the federal government has responded to such situations in the rare, but urgent circumstances where allegations of pattern or practice civil rights violations have arisen. The passage of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law No: 103-322) enabled the federal government to take action to remedy any pattern or practice of conduct by state and local law enforcement agencies “that deprives persons of rights, privileges, or immunities secured or protected by the Constitution or laws of the United States.” In response to this enabling legislation, the Special Litigation Section of the Civil Rights Division of the U.S. Department of Justice assumed the responsibility for investigating alleged pattern or practice civil rights violations and for establishing remedies to such violations.

During the last decade, the Special Litigation Section has investigated an array of alleged pattern or practice civil rights violations including the following:

  • Unlawful or excessive use of force
  • Inadequate training on use-of-force techniques
  • Racial profiling
  • Illegal stops and searches
  • Intimidation by police
  • Harassment of civilians in retaliation for reported misconduct
  • Inadequate supervision
  • Failure to investigate alleged officer misconduct.

Investigations by the Special Litigation Section resulting in a determination of actionable civil rights violations generally have been resolved through negotiated agreements in the form of memorandums of agreement (MOA) or consent decrees. Through such agreements, the federal government and law enforcement agencies agree to a course of action to correct the patterns of civil rights violations and to remedy the conditions that allowed the violations to occur. Since 1994, 14 agencies have been or currently are under federal monitoring as a result of civil rights violation investigations. While these 14 agencies represent an infinitesimal fraction of the country’s nearly 18,000 state, county, local, tribal, and special jurisdictional law enforcement agencies, the impact of these federal investigations and agreements has been and continues to be profound and far-reaching.