Summary of Boatner vs CIty of Montrose and Lee County, Iowa
A case in which one of the good old boys bought a legally non-conforming property from the Mayor of my city? He began redeveloping the property adding a new illegal structure every year. He trucked in fill dirt and not only was the massive illegal roofs rotated to drain stormwater onto my property he set the grade of the elevated fill dirt to drain down onto my property. The five building permits are illegal, the building official refused to address my concerns as his duty requires. When this neighbor discovered he could not get the illegal redevelopment recorded on the county plat map, he determined the remedy was to eliminate me. He began unlawfully applying chemicals onto my property. It took very little time before the chemicals cause me a severe skin condition. I verbally told this man not to apply anything to my property, and requested an incident report from the chief of police. Needless to say that I had developed a full body severe skin condition before the 16 months in which it took the Chief of police to give me the incident report. This was so severe that it was unbearable to wear clothes. I hired an attorney to sue the City. He was onboard with the law at our first meeting. I was questioning him about his knowledge and he passed. The liability was the City. One of the building permits was not signed by the builder and had been forged from the original on file. The other permits are illegal based on the fact that this was a legally nonconforming property. For those who don’t know there are very stringent rules that apply to redevelopment of such properties. As commented by Mayor Dinwiddie on public record. You’re not allowed to make any structure larger that the existing structures. This guy even went so far as to put in a garden pond that drained onto my property. I am a single middle aged female. I owned my property outright having purchased it in 1995. I open an upholstery shop that I operated from one of the existing structures on my property. I could not have been happier with my idea of acquiring my American Dream.
The chemicals continued nonstop. I was surprised when I got served notice that I was being sued by this neighbor for “loss of enjoyment of his property”. It seems that my legally installed privacy curtain that I installed on my side of the 300′ common boundary was to much for him to tolerate. He could not see out of his windows. Does he even realize that he was looking into his actual side yard? His lot was to narrow to set the oversized structures on. Who does this guy think he is to invade my private space? Bin Laden? When I spoke to my attorney I was clear that my intent was to sue the City. He advised we would sue both parties adding that the City is where the money was. As I am too stupid to know, the liable party is where the money is.
I have a long line of paternal parents that held authority titles for a neighboring city. I did not know why he wanted to sue the neighbor to but then that is why I hired an attorney. I did not question it. I have never needed an attorney and I am unfamiliar with the court process. The letter of intent my attorney sent the next day did state that if there were no remedy in 10 days he would file an injunction. Upon receiving the letter, the neighbor removed all evidence of an existing berm he had illegally removed. By illegally changing, the frontage of his home to now is the city alley. Apparently, the repositioning of his home made him believe that my backyard was his backyard now. He added a little roof over the side entrance door to make it look as though his frontage was the street but it clearly was the alley now. This being one of many counts of perjury he committed in the civil court.
I continued to go to council meetings when a new Mayor was elected, four Mayors in 5 years. I had the duty to notify them that there was a problem. I would have the floor and there would be a distraction caused by the former building official. I was never allowed to speak about my complaint or try to get the proper authority to make him to stop applying the chemicals. He would not stop and no law enforcement would file a complaint against him for trespassing.
I believe that if I had been a male, he would never have been brave enough to ignore my request. The Chief of Police did advise me that he did not want to file a complaint against him because he did not want to make him mad. The civil court case he filed against me was dismissed citing my right to enjoy my property. I felt a sense of relief assuming the chemicals would stop based on the citing of my right to enjoy property I could not have been more wrong. This made him mad. He suspiciously is elected to city council for the sole purpose of “getting me back”. The chemicals continue without hesitation. I hear nothing from my attorney in regards to the case against the city even though I email him multiple times. I went to give him a payment and mentioned that the Mayor actually took my side in regards to the privacy curtain I installed. He advised me that the reason the Mayor took my side was that he had received a letter from my attorney.
My attorney had lied to me all this time. He never filed the complaint against the city. He never did anything on my behalf. He did suppress evidence on behalf of this neighbor. This guy and the police chief physically altered Railroad ties I had placed along the common boundary to try to divert the excessive stormwater from my property to the city drainage ditch. This was a direct act in contempt of court. There was no reason except to prove to me that I had no protection of the law. He was not going to abide by the court of anyone else’s rules. He had to have my property.
The county attorney advised me that he would violate his duty to prosecute all criminal offenses and he would decide who is prosecuted in his county. He then proceeds to file criminal charges against me several times for fabricated laws. Laws that do not exist, but I cannot get one for criminal trespassing against this neighbor whose intent is clearly to cause me serious injury or death. I suffered for five long years severe pain. I knew I was dying. Only when a former city police chief now moved on to the Sheriff Dept stopped by my home to advise me that this neighbor had no intention to cease and desist with the chemicals did I know I had no option. I had either to shoot this neighbor dead or sell my home business and property for enough funds to repay the debt I owed my friend for supplying the funds for my basic living expenses over the 5-year period and pay for my final expenses. I could not leave without repaying my friends well over $10,000 dollars. My condition only increased, I not bear to have anything touch my skin the pain never stopped it was 24/7, I had lost my eyesight by this time also as a result of the medical treatment administered to offer my skin some relief. This neighbor has more than less of the traits to determine a psychopath according to Hare’s list. I now know the reason the police chief or anyone else for that matter did not want to make this guy mad. However, for me to be the sacrificial lamb and live to tell about it, no way. It is the duty of law enforcement to protect the rights of the people in these United States. They take an oath to do just that, the criminal acts committed by this enterprise of local government officials is unbelievable. However, the evidence does not lie.
I did survive and I am now seeking compensation for my damages. According the Stormwater management handbook, the courts see cities as having deep pockets in not complying to the State building code and drainage laws. Now I am looking for law enforcement and prosecuting attorney that is committed to protecting the rights of their fellow citizens. https://poisonedbymyneighborfromhell.com What is truly unbelievable this group of thugs being afraid to do their duty. To the degree that they would rather commit serious criminal acts against me than make this man mad makes me concerned for the entire community. This man showed no empathy when saw my skin. His intent was to acquire my property at any cost. Something’s not right here. I have known these individuals most of my life and I have never witnessed or heard rumor of any of them committing criminal offenses on someone else’s behalf. Mayor Dinwiddie clearly had a personal financial gain when he sold this otherwise worthless piece of property to Mark Conlee. I question whether Dinwiddie disclosed the property to be legally nonconforming. Nevertheless, the city building official intentionally allowed the illegal construction, and avoided his duty to address my concerns. Lee County Attorney Michael Short recently retired and I believe the shuffling of the new County Attorney is finished so I believe it should be possible to hold those who have committed criminal acts be prosecuted and I should be compensated for being the victim of the criminal acts that were committed against me. As it stands, I am forced to watch these individuals living large from the guts of my property. I sit here with chronic health problems in a small section 8 rental houses that is not satisfactory for my lifestyle or sewing machine. I do not know how long I can contain my patience. It has been an extended period. The chances I will be diagnosed with cancer are overwhelmingly a high percent based on the studies on glyphosate. These people have new homes and garage no worries. My achieved American dream has been ripped (taken) from my hands causing injury not compensation. If you read my webpage, you will find much more about this story and the others who conspired to deprive me of my rights under color of law. There just is no other way to view or excuse these events.
This cannot be allowed in the USA under any circumstances. I certainly do not intend to be the first and only citizen who has been subject to such brutal criminal acts by my local government officials. There is no more time for excuses this needs to be addressed. I want my day in court.
So to get a free home and property just continue applying chemicals on your neighbors property until they have no choice but to shoot you or flee. If they are not of a criminal mind they most likely will flee.