A 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.
Preexisting 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 reestablish 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
Saturday, June 30, 2012
Constitutional Rights, Bullying , Terrorist Acts, Discrimination
I am an innocent victim of your War on Drugs. Share this with your colleagues and your assistant in your local office who frankly couldn’t have care less that I was being poisoned by toxic chemical applied to my property for the sole purpose to cause me physical harm not excluding death if that were the consequences.
I will never forget her comment after I repeatedly called desperate for intervention, “something will come along”. Two years later and on my deathbed she, Penny, as I recall was her name, assured me “something will come along”.
I am victim of crimes against humanity in the State of Iowa, in the County of Lee. I am angry. I want you to demand some answers from these local Government authorities to the questions I have been oppressed from asking.
You have made it clear that you are Federal, well sir the State is under the Federal authorities. In fact I was advised by the State Attorney General that they could only get involved if a case was referred to them by the County Attorney. the following is just a minute accounting of the brutality I suffered. There are numerous participants that I have not mentioned. The constant use of massive amounts toxic chemicals as a weapon is nothing short of attempted murder.
I understand you may not like my tone in this letter, let me assure you it is not my character to assert a tone of anything but pleasant. You must understand that I believe I am the only person in this Nation that has endured this degree of brutality and disregard of the law by those who I pay to enforce the law.
I am sending the following brief to all media and and sources available. Not one single person beside myself and this neighbor mentioned in the following letter know the whole story and events that took place. But there are many witnesses and documents that together can not be disputed as to the credibility that what seems to unbelievable to be true these people treatment of me was pure evil. Sir, I am not a liar, I am not a cheat, and I am not a thieve. I will take a lie detector test any time. They have defamed my character to the highest degree, when asked about the situation they would avoid any discussion by saying “oh she’s crazy”.
To Whom it may Concern,
I have literally been oppressed from presenting the facts, getting any answers to my questions pertaining to the indisputable evidence proving criminal acts, ethical violations of several high ranking City and County officials. I deserve answers. I deserve an investigation.
I was victimized by these individuals for 5 years. I am innocent of any crime, There is no evidence that I was ever involved in any illegal drug activity. The evidence, proves the highest ranking County officer knowingly made false allegations over the police radio associating me a family member who has prior convictions. I can prove this officer was well aware that his statement was false by information on a copy of a search warrant that I am in possession of. I have had no personal association with this family member since 1992. This is a well known fact by many people.
I and other neighbors can testify that I was under surveillance (their term) by this County officer 24/7. The hours he spent watching me knowing that there was no just cause most likely cost the taxpayers a considerable amount of money. His behavior is defined as stalking. I found it kind of humorous early on simply because he and I both knew everything he was saying about me was completely false, he was taking the facts completely out of context as the documents prove. The last 12 months his behavior frightened me, he became more irate, and his lies more extreme in content. Then at age 42 he suddenly retired. I have heard that there were undisclosed ethical circumstances for his sudden early retirement. Many citizens find retiring suddenly at 42 unusual and believe the facts behind this should be disclosed but the County Attorney will do whatever it takes to protect his highest ranking officer, personal friend and closest working colleague for over 2 decades.
Why am I under surveillance by a County officer when I live in the City? I and other neighbors can testify that I was under surveillance (their term) by this County officer 24/7. The hours he spent watching me knowing that there was no just cause most likely cost the taxpayers a considerable amount of money. His behavior is defined as stalking. I found it kind of humorous early on simply because he and I both knew everything he was saying about me was completely false, he was taking the facts completely out of context as the documents prove. The last 12 months his behavior frightened me, he became more irate, and his lies more extreme in content. Then at age 42 he suddenly retired. I have heard that there were undisclosed ethical circumstances for his sudden early retirement. Many citizens find retiring suddenly at 42 unusual and believe the facts behind this should be disclosed but the County Attorney will do whatever it takes to protect his highest ranking officer, personal friend and closest working colleague for over 2 decades.
An investigation into the County Attorney’s history will show that he has repeatedly used his position to provide protection from prosecution for family members who have repeated meth, illegal drug and other criminal offenses. The general public is not aware this is repeated behavior by the CA ignoring the rule of conflict of interest because some of the individuals are blood and carry the same last name, other immediate family last names differ because they are step- relatives. The County Attorney stated in an email to me that he sent an officer to investigate. None of my witnesses were ever interviewed. The officer that he sent to my house stated that he was only at my house to question me about giving the neighbor the finger.
The motive according to the evidence I have of this high ranking officer who initiated verbal attack on me was to defame my character, other City and County law enforcement officers, along with City officials and the general public who did not know me personally to disregard general procedure and duty of appointed officials to address and answer a citizen complaint? My initial concern was a drainage issue that devalues my property value $8,000 and damaged my foundation when this guy redeveloped his property.
Did I mention there was a suspicious fire that destroyed the existing home? Did I mention the Chief of Police felt it was suspicious and felt and investigation was needed. Did I mention the Chief was told an investigation was not necessary, that they (the fire dept) had taken care of it. Did I mention out of umpteen firemen on the dept. only 4 were on the seen at this fire. There are always more than needed at any fire. Did I mention that the firemen that were present were the Mayor (seller of the property), the building inspector(who refused to speak to me about the drainage issue) and the new neighbor(purchaser of property, brother of the County cop with the apparent vendetta against me) and Jake, junior member of the dept. and son of the building inspector. It was a conversation of the facts of events several days after the fire that both Jake and I realized we without a doubt had witnessed an arson. Jake’s dad and the other 2 had always presented himself as such fine servants of the community.
Did I mention the neighbor is also on the City Council?They have committed what is probably the most severely punishable crime ever happen in this town of 900. Jake testimony which I will not disclose is by far the most compelling evidence of all. Every neighbor on the block approached stated they felt it was intentional. I did not question any of them as to the reason behind their thoughts.
According to witnesses (some being police officers that do know me personally) This County officer verbally assured City officials, City police officers, and one other County deputy for sure that I was going to get busted for drugs. What type of drugs I do not know. I assume pot. I stated that I knew for sure one other County deputy was convinced I was going down. This officer and I have a mutual friend. One afternoon after the friend left my house after a visit this deputy pulled him over and stated “that house you just left is going to get busted”. I thought the officer had mistaken my house for a house on the next block that did get busted. I knew for a fact that I wasn’t doing anything to get busted for.
I am not a writer, I have a GED. I quit high school in 11th grade because I was terrified that speech was a require class and I get so nervous that I literally can not stand up and talk to people I don’t know. My cheek starts twitching, that’s just me. Maybe because I was bullied by big brother, I don’t know.
I will take the short end of the stick every time to avoid and confrontation. I bought my property in 1995, raised a son to be a fine productive member of society with no financial or emotional support from his father whom I was married to for 13 years. Never questioned my ability to use my talent to pay my bills and support myself and acquire the American Dream.
I had much more success in doing so depending on myself than with a husband. I rebuilt the existing home on my property and rebuilt the garage into an upholstery shop. I had an outstanding reputation for the quality of my work and was never without a job on deck. I am self taught at many skilled crafts. I chose upholstery so I could work from home as my son a had rare serious health condition from the age of 6 through young adulthood.
I am writing this in part due to the media attention to bullying that has been so relevant lately. I am well educated as to the duties and responsibilities of Cities to the citizens and the procedures that citizens are to follow when an issues arises pertaining to new construction and property redevelopment. My Grandfather and father both were employed by a neighboring City. My father’s position was titled Street Commissioner, this was in the 60-80s. This was also the time when States, Counties and Cities adopted the uniform building codes.
These codes are now international and have been for quite some time. One of the main purposes for these codes is to minimize the number of lawsuits filed by neighbor against neighbor. The position of Street Commissioner has now been phased out and larger Cities use City Planners to oversee property issues. Smaller Cities as mine appoint a council member to be building administrator. The administrator has specific duties to ensure building codes are compiled to by the builder the first step is for the administrator to issue a permit. The builder signs the permit prior to any work to be done. The builder notifies the administrator when t the project is complete. The administrator goes to the property and physically measures, checks a list of things to ensure the builders has complied to all regulations. If the project is compliant the administrator signs the permit. If the project is not compliant the administrator does not approve (sign) the permit until the property is brought up to code. The administrator signs the permit and then issues a certificate of occupancy. Residents are then free to move in an live happily ever after…..
- Did I mention that the permit for the neighbors property was signed by the administrator but not the builder?
- Did I mention that the neighbor admitted to applying chemicals to my property without my knowledge?
- Did I mention the City applied chemicals to my property without my knowledge or without a licensed applicator to do so? Or without following the EPA rules for posting and every other rule regulated by the EPA?
- Did I mention that I developed a severe skin condition from the chemicals?
- Did I mention that when I requested both parties not to apply anything to my property they became more aggressive?
- Did I mention that my entire body was raw, I could not bare to wear clothes for the entire 2 years this continued on a weekly basis?
- Did I mention that I was so sick that the pastor of the church went to City hall to make a payment on my water bill and the clerk told her that the payment had to come out of my pocket?
A civil court judge told him that I had the right to enjoy my property. He physically enter my property accompanied by a cop and moved some landscape timbers I had place in a desperate attempt to kept the chemicals off me. The County Attorney told me he frankly didn’t care.
I am now physically disabled. I live in a 12′ camper that I borrowed from a friend behind my sons house. My credit score when this began was 760. Now I can’t even open a checking account to deposit my $660 p/m SSI disability check. I have a 3 year backlog of work from when I first got sick.
Oh yeah this neighbor sued me in civil court for loss of enjoyment of his property. Then he offered me 2 ridiculous out of court settlements. To sum it up. I am a victim of bullying. I have been tortured and the condition is chronic.
I need some answers to why this happened. I have information that the public has the right to know about the Lee County Task Force, County Attorney, Retired Officer, Psychopath Council member and criminal city officials. Are you or your colleagues scared to ask questions or are you reporters of the news?
My local government officials assisted one of their own in applying glyphosate to my side of our 300′ common boundary. This behavior continued for over five years. I verbally requested this neighbor to stop because I felt it was causing a rash on my shins. He refused to stop. I requested the City police chief to file a trespassing complaint against this neighbor. He refused advising that he did not want to make this neighbor mad. I requested the County Attorney to file a trespassing complaint against this neighbor he advised that he did not file neighbor against neighbor complaints. His double standard is indisputable because I was criminally charged multiple time by the State based on fabricated laws. I was criminally charged by the city multiple time by the city based on fabricated ordinances. While I was trying to defend my person and my property the “rash” had progressed into a full body severe skin condition. I hired an attorney to sue the City for my damages. The city is liable because they issued fraudulent building permits to this neighbor. The building administrator refused his duty to address my complaints in regard to the nuisance drainage causing adverse effects to my property and significant loss of value. The fact that the Mayor sold this legally nonconforming lot to this neighbor provides an existing conflict of interest. The building administrator refusing to address my concerns was replaced by the Lee County Detective and brother of this neighbor. He had no jurisdiction or authority to act as a building administrator. A field investigation was done by the proper authority. The investigator advised me when he saw my skin condition that he knew what was causing it. I did not inquire because I had already use the process of elimination and determine the glyphosate had to be the cause of my condition. My attorney failed to file the complaint against the city, he failed to inform me that he did not file the complaint. This neighbor filed a frivolous complaint against me alleging “loss of enjoyment to his property”, he had no concern that he had been applying chemicals to my property knowing it was causing me health problems. The judge in the civil case cited my right to use my property as I wished. That order was violated without hesitation. The County Attorney and the Detective had a special relationship for 17 years working hand in hand creating a conflict of interest. I contacted US Senator Charles Grassley, he advised me that he would request and inquiry of my case to the FBI. Grassley advised me that the FBI would contact me. I waited for five years. No FBI contacted me. By this time my condition had progress to the degree that I felt my life was in danger. I contacted Senator Grassley again and he requested a second inquiry into my case, he advised me again that the FBI would contact me. He advised me to be patient, it takes time. I felt that ten years of waiting for intervention, suffering severely everyday was not acceptable. I had no protection of the law, this neighbor had a motive to eliminate me from my property and a County Deputy that have ultimate respect for stop at my house advising me that this neighbor had no intention of stopping with the chemicals until he acquired my property. I have followed all the standard procedures to remedy this situation. The government has not, they have fully partnered with this neighbor/council member in violation my rights. I am requesting a legitimate review of the evidence I have collected throughout this taking of my private property by using chemicals as a weapon to cause my person and my property harm.
A legitimate investigation would have determined it was not the city that applied the chemicals to the city easement. It was in fact my neighbor/city council member who took it upon himself to act as a city street department employee. This report was done after three years of the chemical being applied to my 300′ common boundary with this “above the law” neighbor/ council member. The city is liable because they issued fraudulent building permits. But the personal financial gain of the Mayor from selling this otherwise worthless non conforming property was more important that protecting the rights of this resident.
AUSA Kevin VanderSchel wrote in a letter to me that “unless I have a document that
specifically states Mark Conlee intentionally applied poison on Melody’s property to hurt her”, he will not pursue my case.
Is this the standard procedure for prosecuting cases? Prosecutor must have admission of guilt? Evidence beyond a reasonable doubt is not enough?
The fact that I verbally told him the first day I discovered the chemicals to stop and he did not stop, as the evidence supports. It took the police chief 16 months to give me an incident report that I requested as documentation for evidence I told Conlee to stop trespassing, as the evidence supports. The evidence also supports, A criminal conspiracy exists when two or more people agree to commit almost any unlawful act, then take some action toward its completion. The action taken need not itself be a crime, but it must indicate that those involved in the conspiracy knew of the plan and intended to break the law. A person may be convicted of conspiracy even if the actual crime was never committed. It was obvious by looking at my skin I was being harmed, as the evidence supports. There are multiple hard copy evidence documents supporting he and the police chief conspired to violate my private property rights. The fact that a civil court order citing my right to use my private property as I wished supports he never stopped applying the chemicals, as the evidence supports. He admitted in court that he applied chemicals to my property, as the evidence supports. Witness/council member stated that it did not look like he had sprayed the chemicals but rather poured chemicals on my property, as the evidence supports.
The fact that he intentionally used chemicals on my private property and it did cause me physical harm has no relevance to him violating Federal law regarding my right to enjoy private property.
If you or Reinwart would have given a shit about a US citizen who has a legitimate complaint, that proves without a doubt, violates several Federal laws. Instead of being so determined to protect these rapists of my rights. You and your colleagues have every reason and duty to prosecute each and every one of these local public impostors. If you had the evidence you would have to pretend to be blind not to recognize Conlee applied chemicals to my property with the intention of causing me harm. It doesn’t not take a law degree to read, does it?
Where in the hell is it written that private property rights are not Federally protected? Where the hell is it written that you have the authority to violate a civil court order. It is not written anywhere. You continue raping me of my individual Constitutional Rights. You do not have the authority to violate a civil court order. A civil court judge has authority over you. Your duty as a Federal prosecutor is not to continue gang raping a citizen because “you can”. It makes no difference what Federal law has been violated. You have shown you are committed to using attorney discretion no matter the circumstances. I believe you are knowingly making false statements by telling me that you have the authority to violate a civil court order using your attorney discretion. I sent you the guidelines and I think your supervisor would have an issue based on the degree of seriousness that I have been violated. If I have to advise you that the citizens given rights are inalienable then how did you pass the bar? You have a duty to expose public corruption where ever the evidence supports corruption has occurred. That is what Federal law states. You can only convince me, a reasonable person, that you are telling the truth by submitting to me documentation stating that you have the authority to violate a civil court order. Because you advise me of something does not convince me that what you are saying is true, your word is hearsay. Considering the facts of this case, which I know you do not have, and your suggestion that I have not made certain statements on my web page as if it were real time. What you did read you completely misread the facts concerning the timeline as you stated in your first letter to me.
I have no reason to take any government official at their word. Your credibility has always been questionable. I can comprehend what the Bill of Rights gives the citizens. As I told you, my father was a city street commissioner and a WW ll Navy veteran. I was educated by an expert as to what duties the City, State and Federal government must provide the citizens. He had no agenda or intent to violate any residents private property rights.
You should be embarrassed by what you have written to me, really. Where in the hell does a citizen find a government officials who is not a narcissist? Hitler used chemical weapons on civilians and he is referred to as a psychopath. Chemical weapons were unlawfully applied on my private property weekly for over five years with intent to cause harm to my person and my property. The man who did this to me is not viewed by government as a psychopath or to have so much as committed a criminal offense? I can tell you as his victim and a reasonable person this man is a psychopath. I suggest you re-educate yourself about what is described as your duties as an AUSA. I believe you may have put yourself in the position of a co-conspirator and be guilty of obstruction of justice. I am not an attorney, but I could probably hold my own arguing a case against you. I still challenge you to a fist fight in front of the Capitol building. I have been reviewing your history, I am not impressed with what you have achieved in your career. Not at all, in fact I have reason to believe you have probably victimized other citizens. Then after insulting my intelligence, you advised me that you are not the person who would be prosecuting this case anyway.
Where would you get the authority to make a prosecutorial decision since this would not be your case anyway? Sheriff Weber has dirty hands, as the evidence supports. I did not include that information on my website for self protection. You know, these locals, as a group, would have killed me with the chemicals had I not have fled, as the evidence supports. I waited, suffering for over 5 years, for law enforcement to protect me from harm and uphold my State and Federal Constitutional given rights to private property, as the evidence supports. The evidence is indisputable that I have. If I was in your position I would make sure the evidence I was given is based on facts. Not, as in this case, hearsay from the most notorious agency of fabricators in our government, law enforcement. And then to know the information you have came from a third party of an organization of known liars. You are a sad excuse for an attorney of any type in my opinion. Reinwart gave me three different versions of how he actually submitted my case to you, I find that suspicious in regard to his credibility. I am not a trained investigator but I caught that clue of inconsistency in his statements . Had he only done what the taxpayers paid him to do when he came to my home, review the hard copy evidence, he would not have needed to use hearsay. He requested that I give him hearsay evidence. He had three notes on his pad when he left my home. For all I know it could have been a grocery list. It took me six years to chronologically put the evidence in order. He gives me 2 1/2 hours of his time. My witnesses are experts in their own right. He did nothing that would be considered standard procedure for a legitimate investigation. He did not review the hard copy evidence. He did not look into financial records for a suspected bribe. He did not interview any of my witnesses. He did not interview my doctors. He did not share the false information given to him by Sheriff Weber by the third party to give me the opportunity to provide conflicting evidence.
He predetermined his decision based on no hard copy evidence before he met with me. I received the letter from Washington DC in the mail two hours after he left my home. I used the term “information” literally as no information that has been given to you has any evidence to support a fact. The two of you seem to work well together in holding no regard to you oaths of office. Not indifferent than these local officials. What is the driving force behind those few cases that are legitimately investigated as public corruption? The FBI works closely with local law enforcement covering up crimes committed by locals officials, I get that. Iowa has no cases of public corruption that I can find. The only State in the Nation with zero cases of public corruption. Reasonable citizens recognize we only have honest public servants in Iowa. They read my case and they will have an eye opening sense of reality.
Also, you should know there is a criminal and a civil division of FBI. Referring me to obtain private council for a civil case is not an option. I have no assets or credit that I had before the taking of my private property that allows me the financial ability to obtain an attorney. I only survive, I have financial difficulty making it to my medical appointments at the University of Iowa dermatology clinic that I am regularly scheduled as a patient. I have the right to be made whole, to have my day in court. That is impossible. My life cannot be returned to me as it was.
How does the FBI protect the civil rights of people in the United States?
Federal civil rights violations fall into several categories:
- hate crimes motivated by bias against such characteristics as race, religion, national origin, and sexual orientation;
- color of law crimes involving law enforcement and related criminal justice professionals’ misuse of their right to discretion, such as use of excessive force or police misconduct;
- involuntary servitude or slavery;
- violations of the Voting Rights Act of 1965,
- the Equal Credit Opportunity Act,
- the Freedom of Access to Clinic Entrances Act;
- the Civil Rights of Institutionalized Persons Act;
- the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act;
- and violations of human trafficking statutes included as part or the Trafficking Victims Protection Rights Act.
The FBI’s civil rights investigations are separate from Equal Employment Opportunity Commission investigations, although EEOC regulations are enforced within the agency.
Until my evidence is competently reviewed you and your government agency have no right to disregard me or my complaint. I am a natural born citizen of the US, deserving of all the rights guaranteed to all citizens.
Using chemical weapons against civilians is a war crime, a crime against humanity. The law does not differentiate between one victim or an entire race. Those are universal international laws.
PROPOSED CONSTITUTIONAL AMENDMENT – EQUAL RIGHTS
First Time Passed H.J.R. 13
A JOINT RESOLUTION proposing an amendment to the Constitution of the State of Iowa
relating to the equality of rights of men and women under the law.
Be It Resolved by the General Assembly of the State of Iowa:
Section 1. The following amendment to the Constitution of the State of Iowa is proposed.
Section 1 of Article I of the Constitution of the State of Iowa, is amended to read as
RIGHTS OF PERSONS. Section 1. All men and women are, by nature, free and equal,
and have certain inalienable rights – among which are those of enjoying and defending
life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining
safety and happiness.
Sec. 2. The foregoing amendment to the Constitution of the State of Iowa is referred to
the General Assembly to be chosen at the next general election for members of the General Assembly and the Secretary of State is directed to cause the same to be published for
three consecutive months previous to the date of that election as provided by law.
- former City of Montrose Police Chief Brent Shipman,
- former Lee County Attorney Mike Short and
- current Lee County Iowa Attorney Ross Braden.
Ross Braden was told about my situation soon after he accepted his position of Lee County Attorney and he advised that he was not interested. He and the prior named all knew that criminal acts were being committed against me and they chose not to protect me from harm or protect my Federal rights leaving all of the above co-conspirators against my rights.
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!
According to AUSA my evidence is assumptive.
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.
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.
Here is the original fraudulent permit issued for Conlee’s new home.
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.
“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  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  of interests; and independently of statute it is strictly a judicial question, and all the circumstances of the case must be taken into consideration.
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.
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.
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.
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:
- 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,
- a munition or device designed to cause death or harm through toxic chemicals that would be released by the device, or
- 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
|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
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.
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
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
A 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.
Iowa State University
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.
For any adult with a primary school education not to recognize the attack committed against me for the purpose of acquiring my property is an adult who has no comprehension of moral law. For my local government officials to assist in the attack against me is unbelievable. These officials have acted to the extreme level of corruption on behalf of one man. I do not understand exactly why there would commit criminal offenses to this degree. To do anything to someone else’s property without their permission shows that person has no moral turpitude. When all local government officials knowingly assist the trespasser in his quest to acquire my property I have read make them as culpable as this special neighbor.
My intent is to expose these individuals and have my day in court. The evidence does not lie. I have contacted every government local, State and Federal official, organization and agency known to have the authority to investigate my allegation, all respond they do not have jurisdiction most people or agencies do not respond at all. Chemical weapons are the most damaging weapon used in war. Agent orange continues to affect those who were exposed to it from first used in the Vietnam war.
Being intentionally exposed to chemicals by my well connected neighbor continues to physically and emotionally affect me every minute of every day. To date I have suffered from a severe skin condition, I am speaking of excruciating pain 24 hours a day. So extremely painful that it was unbearable to have anything touch my skin. This started as what I at the time referred to as an allergic reaction or rash of some kind developing on my shins. I have no history of skin eruptions, not even a case of poison ivy. The severe condition lasted over 7 years.
Apparently there is no other case in which local law enforcement have not followed their duty and filed a trespassing complaint if someone trespasses on the land of another. There was no recognition that this was a moral wrong by any of the local 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.
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.
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.
I requested the neighbor be issued a trespassing complaint from the Chief of Police the day I discovered the evidence that chemicals had been applied to my property. The chief of police advised me that he did not want to make this neighbor mad and denied my request. I requested an incident report from the police chief when I first discovered chemicals had been applied to my property. I received and insufficient incident report. I rejected that report and insisted a report be given to me that had the factual information included. A week later I received a report that was substandard but I accepted it as it touched on what took place. One problem with this requested incident report was the fact that I received the report 16 months after I first discovered the chemicals on my property. The timeliness was supportive to the neighbors motive for applying the chemicals as by this time I was completely unable to function. I went to several different Drs. during this time. None could offered any remedy, all offered oral steroids having no relief from the pain. This had been ongoing now for several years, beginning in spring 2005. This neighbor had the chemicals applied to my property as part of his own yard maintenance routine. I had decided I could not suffer one more day. I was making arrangements to get to the other side.
A neighbor, a registered nurse requested that I please go to the ER as a final attempt at offering me some relief from the constant physical pain. Initially they gave me oral steroids. When she returned home from work that evening she could see that my condition if anything was worse. I advised her that they gave me a shot of steroids. She advised me that they should have given me an IV of steroids. She advised me to wait 24 hours and go back. The break of daylight I returned to the ER. At that time they gave me IV steroids. Before I had arrived back at my house, my condition was significantly improved. Barely detectable was the horrible looking skin that was present just an hour before. I felt no itching at all. Oh my god, thank you Jesus. I do not recall but the medical records will show how long the temporary fix lasted. Perhaps a couple days. I could feel it erupting by the second, Within a couple days my condition was back. As painful if not worse that before the amazing steroids.
The only option available to me for relief was to wait until I could not bare the pain any longer and return to the ER and they would administer another steroid IV. As time went on the less time relief was given by the IV steroids. To me even if I felt relief for 30 minutes it was 30 more minutes I could tolerate on this earth. It had not occurred to me the side effects that I had as a result of the IV steroids.
One day a friend stopped to check on me. She loudly mentioned if my face was any closer to the computer monitor I would have to climb on top of it. My vision had become significantly affected. I could not read, I could not recognize people. I had no business driving. I had been basically homebound throughout these years because wearing clothes was unbearable. I only drove when I had to make it to appointments. I did drive into ditches because I could not see exactly where driveways were. I had applied for disability online and only discovered I was declined because I could not read the email requesting I submit more documentation.
I applied and was approved for County general relief. At that time I was able to see an optician. The nurse had to read the patient information form for me and I orally told her the answers. When he was checking my vision he advised me that he had never seen such a severe case of cataracts from a person my age. When I told him I had been having taking oral and IV steroid injections for an extended period of time he advised me that the steroids caused of the severity of my cataract. I was not aware that steroids caused cataracts.
Prior to being intentionally exposed to these chemicals I owned an operated an upholstery shop from my property in this city when the chemicals had been applied to my property against my permission. From having no problem threading a needle to the point when I had a driver’s license exam and when asked to read the third row of letters my response was that I could not see a third row. I was issued my drivers license in spite of not being able to pass the vision test because my cataract surgeon sent a note to the drivers license division stating that I was scheduled for cataract surgery within the following 2 weeks. The timeline from the day I discovered chemicals had been applied to my property until the cataract surgery was spring 2005 through 2012. I was still having to get steroid IV’s for relief from skin condition. Still requesting law enforcement file a trespassing complaint against this neighbor and still being denied, I was forced to flee from my property to escape the chemicals in summer 2010.
I was living in a camper behind my sons home when I began feeling confused and knew that my thoughts were not right. I remember hearing Charlie Sheen speaking to me as a sort of private message to me from the television. My actions were not at all in my character. One day I remember being out back of the house and although I knew I was talking to a cedar tree I was talking to it as if it was my sister, I was asking one cedar tree why he (her boyfriend) had cut off her legs with a chainsaw. It was the strangest thing I have ever experienced in my life. I was taken to the ER and it was determined that my hallucination were caused by IV steroid overdose administered by the Ft Madison Community Hospital ER. I was kept for observation the next 2 days and released. My mental state was normal. Urine and blood tests proved negative for drugs conflicting with what the local officials claimed to defame my character publicly beginning in the year 2004.
My medical history has always been good up to the point of being exposed to the chemicals. I alway practiced preventive medicine since I was one of the many self employed Americans who was without health insurance. I had the 6 months basic living expenses saved back in case of an unexpected emergency as Suzie Orman suggests. I followed all the standard procedures to remedy the unlawful application of chemicals on my property. I was well aware that having good health was a must to being successfully self employed. I certainly never expected one man who was held above the law in the redevelopment of his newly purchased lot adjoining mine to become a threat to my health.
He made the choice to purchase the legally nonconforming lot adjoining mine from the Mayor. He made the choice to disregard the stringent State guidelines required to redevelop a legally nonconforming property. All with the assistance of the City building official. Had this have gone to court, the court would have required him to remove the illegal oversized structures. When he was finished with his illegal redevelopment issue by illegal city building permits he went to get this illegal property recorded on the County plat map. The accessor in no way could have recorded this redevelopment legally. I believe it was rejected. It was then that this neighbor/council member determined the remedy to his problem was to eliminate me. He had to acquire my property to ever be able to get enough land to comply with State building code. He chose to use chemicals as a weapon to accomplish his goal. He achieved his goal only with the full support of local government officials. He nearly took my life, but that was of no concern to any of them. I want the evidence reviewed with a full investigation. I am requesting an legitimate investigation into public corruption as described as the duty of the FBI, and Federal charges brought against these government subdivisions and the individuals who without participating I would still be whole.
TELEPHONE 372-2532 AREA CODE 319 FAX 372-792
September 1, 2005
1013 Concert Street
Keokuk, Iowa 52632
Re: Melody Boatner – Mark and Linda Conlee
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
1 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.
2 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
3 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.
4 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
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.
- 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.
- 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.
- 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
“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.