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
The fact that FBI Agent Reinwart, refused to review my evidence that supports without a doubt my allegations leaves his decision irrelevant. It does not take a graduate of the academy to know that an investigation requires reviewing evidence from both sides of a case. In an email he sent me he admits that he made his decision based on what I verbally told him and what the County Sheriff told a third party. I even submitted evidence that the Sheriff had a conflict of interest with the opposing party. He made his decision based on false statements given by the sheriff. I asked Reinwart to share with me the information the Sheriff had made in his statements. Reinwart refused. Reinwart was supposed to be investigation this case on my behalf. He could not share the false information given by the Sheriff because I have hard copy evidence that would prove the Sheriff was lying. The sheriff knows no facts about this case. Any information he has is based on lies made by the Conlee’s. I can prove multiple counts of perjury made by Conlee in the civil case. AUSA Kevin VanderSchel was lying when he advised me that he had the authority to violate a civil court order. When we have Federal authorities who have no regard to the oath they took to uphold the Constitution its time for the citizens to unite and remove them from their positions. Dirty Rotten Bastards. I have a purpose to speak to the Inspector General. To expose one corrupt government official is small potatoes. I have an entire group of self serving government impostors that need removed from their positions. Hearsay is not evidence. Dirty Rotten Bastards. Private property is never to be taken without just compensation. Reinwart did not possess the knowledge of any Federal law, who is responsible for putting this incompetent individual in his position? He has shown me that he is not qualified to investigate any case regarding Federal law!
18 U.S. Code § 229.Prohibited activities
(a)Unlawful Conduct.—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).
(b)Exempted Agencies and .—
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.
(2)Exempted persons.—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
(1)takes place in the United States;
(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.
18 U.S. Code § 229A. Penalties
The Attorney General may bring a civil action in the appropriate United States district court against any person who violates section 229 of this title and, upon proof of such violation by a preponderance of the evidence, such person shall be subject to pay a civil penalty in an amount not to exceed $100,000 for each such violation.
(2)Relation to other proceedings.—
The imposition of a civil penalty under this subsection does not preclude any other criminal or civil statutory, common law, or administrative remedy, which is available by law to the United States or any other person.
(c)Reimbursement of Costs.—
The court shall order any person convicted of an offense under subsection (a) to reimburse the United States for any expenses incurred by the United States incident to the seizure, storage, handling, transportation, and destruction or other disposition of any property that was seized in connection with an investigation of the commission of the offense by that person. A person ordered to reimburse the United States for expenses under this subsection shall be jointly and severally liable for such expenses with each other person, if any, who is ordered under this subsection to reimburse the United States for the same expenses.
18 U.S. Code § 229B. Criminal forfeitures; destruction of weapons
(3)any of the property used in any manner or part, to commit, or to facilitate the commission of, such violation.
The court, in imposing sentence on such person, shall order, in addition to any other sentence imposed pursuant to section 229A (a), that the person forfeit to the United States all property described in this subsection. In lieu of a fine otherwise authorized by section 229A (a), a defendant who derived profits or other proceeds from an offense may be fined not more than twice the gross profits or other proceeds.
(1)General.—Property subject to forfeiture under this section, any seizure and disposition thereof, and any administrative or judicial proceeding in relation thereto, shall be governed by subsections (b) through (p) of section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853), except that any reference under those subsections to—
(A)“this subchapter or subchapter II” shall be deemed to be a reference to section 229A (a); and
(2)Temporary restraining orders.—
For the purposes of forfeiture proceedings under this section, a temporary restraining order may be entered upon application of the United States without notice or opportunity for a hearing when an information or indictment has not yet been filed with respect to the property, if, in addition to the circumstances described in section 413(e)(2) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853(e)(2)), the United States demonstrates that there is probable cause to believe that the property with respect to which the order is sought would, in the event of conviction, be subject to forfeiture under this section and exigent circumstances exist that place the life or health of any person in danger.
(B)Warrant of seizure.—
If the court enters a temporary restraining order under this paragraph, it shall also issue a warrant authorizing the seizure of such property.
The procedures and time limits applicable to temporary restraining orders under section 413(e)(2) and (3) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853(e)(2) and (3)) shall apply to temporary restraining orders under this paragraph.
(c)Affirmative Defense.—It is an affirmative defense against a forfeiture under subsection (b) that the property—
(1)is for a purpose not prohibited under the Chemical Weapons Convention; and
(2)is of a type and quantity that under the circumstances is consistent with that purpose.
(d)Destruction or Other Disposition.—
The owner or possessor of any property seized under this section shall be liable to the United States for any expenses incurred incident to the seizure, including any expenses relating to the handling, storage, transportation, and destruction or other disposition of the seized property.
18 U.S. Code § 229C. Individual self-defense devices
Nothing in this chapter shall be construed to prohibit any individual self-defense device, including those using a pepper spray or chemical mace.
18 U.S. Code § 229D. Injunctions
The United States may obtain in a civil action an injunction against—
18 U.S. Code § 229E. Requests for military assistance to enforce prohibition in certain emergencies
The Attorney General may request the Secretary of Defense to provide assistance under section 382 of title 10 in support of Department of Justice activities relating to the enforcement of section 229 of this title in an emergency situation involving a chemical weapon. The authority to make such a request may be exercised by another official of the Department of Justice in accordance with section 382(f)(2) of title 10.
18 U.S. Code § 229F. Definitions
In this chapter:
(1)Chemical weapon.—The term “chemical weapon” means the following, together or separately:
(B)A munition or device, specifically designed to cause death or other harm through toxic properties of those toxic chemicals specified in subparagraph (A), which would be released as a result of the employment of such munition or device.
(C)Any equipment specifically designed for use directly in connection with the employment of munitions or devices specified in subparagraph (B).
(2)Chemical weapons ; convention.—
The terms “Chemical Weapons Convention” and “Convention” mean the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, opened for signature on January 13, 1993.
(3)Key component of a binary or multicomponent chemical system.—
The term “key component of a binary or multicomponent chemical system” means the precursor which plays the most important role in determining the toxic properties of the final product and reacts rapidly with other chemicals in the binary or multicomponent system.
(4)National of the united states.—
The term “person”, except as otherwise provided, means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, any State or any political subdivision thereof, or any political entity within a State, any foreign government or nation or any agency, instrumentality or political subdivision of any such government or nation, or other entity located in the United States.
The term “precursor” means any chemical reactant which takes part at any stage in the production by whatever method of a toxic chemical. The term includes any key component of a binary or multicomponent chemical system.
(B)List of precursors.—
Precursors which have been identified for the application of verification measures under Article VI of the Convention are listed in schedules contained in the Annex on Chemicals of the Chemical Weapons Convention.
(7)Purposes not prohibited by this chapter.—The term “purposes not prohibited by this chapter” means the following:
Any peaceful purpose related to an industrial, agricultural, research, medical, or pharmaceutical activity or other activity.
(C)Unrelated military purposes.—
Any military purpose of the United States that is not connected with the use of a chemical weapon or that is not dependent on the use of the toxic or poisonous properties of the chemical weapon to cause death or other harm.
(D)Law enforcement purposes.—
Any law enforcement purpose, including any domestic riot control purpose and including imposition of capital punishment.
The term “toxic chemical” means any chemical which through its chemical action on life processes can cause death, temporary incapacitation or permanent harm to humans or animals. The term includes all such chemicals, regardless of their origin or of their method of production, and regardless of whether they are produced in facilities, in munitions or elsewhere.
(B)List of toxic chemicals.—
Toxic chemicals which have been identified for the application of verification measures under Article VI of the Convention are listed in schedules contained in the Annex on Chemicals of the Chemical Weapons Convention.
(9)United states.—The term “United States” means the several States of the United States, the District of Columbia, and the commonwealths, territories, and possessions of the United States and includes all places under the jurisdiction or control of the United States, including—
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.
This is typical of the good old boy network. I had been charged multiple times with frivolous charges by the City of Montrose, all charges were alway dismissed that were brought against me. This is typical of how the good old boys went over and above on Mark Conlee’s behalf. The judge had always followed the letter of the law in my cases. This is nothing less than Mark Conlee advising Mark Holland to offer the judge a bribe to find me guilty of a municipal offense. He was so angry when he lost the civil case he filed against me for “loss of enjoyment of his property”. He could not stand the fact that I had broken no law. The charges brought against me were on fabricated laws and ordinances, how the hell does a reasonable person thing a judge is going to rule when the charges brought against me do not exist? Typical psychopathic behavior. He whole purpose for running and getting elected to city council by election fraud was for the purpose of making me take down my privacy curtain and to attempt to cause me financial harm by trying to get me fined. It wasn’t enough for him that the chemicals he had unlawfully applied to my property had me to a state of total inability to function, I found myself in court all winter. Anything he would come up with the rest of them all supported but they implicated themselves when the issue was not about me. I don’t care who you are, nobody has the right to do anything to another person’s property. Not even Mark Conlee according to the real law. Not “Mark Conlee says” law. For the record Mark Holland was not a city council member at this time. Why is council member Conlee asking Mark Holland to ask the judge anything?
MONTROSE COUNCIL MEETING
MARCH 5, 2009
The Montrose City Council met for Public Hearing at 6:45 p.m. on the 5th day of March 2009. Council met at City Hall, 102 S. 2nd St. pursuant to law with Mayor Gregory Ruth presiding and the following Council members present: Conlee, Geyer, Hawk, Slater and Van Pelt.
The Montrose City Council met for Regular Meeting at 7:00 p.m. on the 5th day of March 2009. Council met at City Hall, 102 S. 2nd St. pursuant to law with Mayor Gregory Ruth presiding and the following Council members present: Conlee, Geyer, Hawk, Slater and Van Pelt.
Call to Order. Meeting called to order at 7:00 p.m.Public Forum. Gary Johnson, 405 Pine Alley said he applied for an Army Corps of Engineers permit to put in a mooring ball at the riverfront. He said the Corps may call the city for information.
Steve Fraise, 205 Locust Street spoke with David Hawk about the mud that washed off the hill in front of his house. He said he wants the ditches cleared before another rain. He said David Beelman, owner of the property, will install erosion control devices.
Tony Sciumbato, 110 S. 10th Street said he has been asked to address Council about the problem regarding the 10th Street and Cedar Street drainage problem. He said he cleans the drains about five times per year. He also said the street is deteriorating and he is willing to pay $100.00 toward moving the drain.
Council Member Conlee told Mr. Holland to ask the Judges about their decision regarding certain properties in the City.
Mark Holland, 501 Locust spoke about road drainage and the 5th Street Bridge will deteriorate if ditches are not dugout.He also said the City should hire another part-time person because Public Works Director Hoenig needs help. This also goes back to the $25,000.00 the City will spend on Ameren-UE property. Mr. Holland also said cleanup has gotten worse. Council Member Hawk asked Mr. Holland how many years it took to get this way.
Ron Dinwiddie, 1 Great River Road said he still can’t understand why the City is abandoning water on the hill. It was explained that there would be archaeological studies in Bluff Park that will likely hold up the project much longer. He said it goes against common sense to bring water downhill and then pump it up.
FY2010 City Budget. Moved by Geyer, seconded by Slater to approve the FY2010 City Budget. Roll call voting 5-0 aye. Motion declared carried.
Adjournment. Moved by Van Pelt, seconded by Conlee to adjourn at 9:09 p.m. All ayes. Motion declared carried.
Gregory R. Ruth, Mayor
Celeste L. Cirinna
I cannot forget how wonderful my life used to be. Before my character was defamed. Before I was shunned by the lifelong members of my community. Today when my fuel line broke and I was crawled half in and half under the rust bucket. How great it was when I had achieved my happiness by acquiring my goal of owning a garage so I could do maintenance out of the elements. I could still have my vehicle towed to my garage if I only had one. I am not comfortable working on it during business hours. I am more comfortable working on it when the business is closed. I will be working on my car in the farm store parking lot, yes after dark if anyone needs to reach me. Montrose residents be sure and drive by to see me. Honk and I will recognize you by giving you the middle finger. In fact I will greet former Lee County attorney with the middle finger if he would like to have charges brought against me for the third time for an act that is not against the law. What a joke these government officials are. Current and former at this time. They do not get out of each others reach for any extended period of time. Hopefully you will all be getting an unexpected visit from a very special person in the near future. Boy will that day be honorable for you all.
Where is this law written, this is the second complaint filed against me. Exactly the same complaint except this one is trumped-up by adding “continually” and “She won’t stop”. Specifically a trait named by Dr. Hare. In his list of personality traits it says the psychopath will turn a situation around so that he is the victim. Conlee would not stop applying chemicals to my property. The fact that there is no law against giving someone the finger supports the Police Chief and the County Attorney are conspiring with Conlee to acquire my property.
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 storm water 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 ideal 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 too 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 too 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 libel 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 sighting 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 storm water 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 storm water 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 is 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. The assault against me by my government officials is comparable to that of Ron Paul aside from the fact that in my case the government officials initiated a full blown brutal attack against me with toxic chemicals and I had no protection of the law. I was criminally charged multiple times with fabricated laws that do not exist. All cases were dismissed against me innocent committing crimes that are fabricated. I have at no time committed a crime to date,
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.
I can tell you one thing this handbook is useless unless these policies are guaranteed to be enforced. Where is a Cato representative to represent what they declare they represent?
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.
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.
I am searching for any civil cases in which the plaintiff has filed a civil complaint alleging trespassing against the private party. I want to see any civil cases in which the plaintiff has filed multiple counts of fraud against another person. I want to see any legal action in which the plaintiff has filed a civil case alleging the defendant has committed a criminal offense. I came across the document above when I believe Lee County Detective Bob Conlee was attempting to set me up for a drug bust. If you would review Lee County Attorney Michael Short . Short advised me that “he” would decide who gets prosecuted in Lee County, Iowa. He wasn’t kidding he was willing and did everything needed to protect Mark Conlee in his unprecedented illegal actions against his neighbor.
Most of you have the common knowledge of the laws and rules a Sheriff has the duty to provide to the citizens in their County described below. I am still waiting for the results of an investigation into my allegations as stated by then County Attorney Mike Short and current Lee County Sheriff Stacy Weber. Weber has a conflict of interest that is next to none according to the record. He certainly learned from the best of the best as former County Detective Bob Conlee is described as his mentor. His reason for getting into law enforcement as a career choice.
Working with Federal and State Legislatures to create laws providing safer communities
The SHERIFF is the only elected Law Enforcement Officer in the State of Iowa.
THE DUTIES OF SHERIFF INCLUDE:
- Execution and return of all legal civil papers
- Enforce the law of the State of Iowa
- Enforce County Ordinances
- Conduct criminal investigations
- Provide Law Enforcement services to the Judicial Court System
- Supervise all jails and the custody of incarcerated offenders
- Maintain the Sex Offender Registry
- Patrol all areas of the county
- Respond to any and all disasters within the county
- Assist other Law Enforcement agencies
- Sustain Iowa VINE for Victims
Mr. Short failed the citizens of Lee County to a serious degree beginning in filing two criminal complaints against me on behalf of his number one colleague Detective Bob Conlee and his brother, Mark Conlee. The complaints were clearly frivolous and fabricated. There is no existing law against giving the middle finger to another person.
This is an example of the standard procedure followed in any action in this “criminal” case. There was no local government official willing to honor their ethical oath. They were all completely devoted to Mark Conlee’s goal to acquire his goal. It was like they were hypnotized. I know full well that the County attorney should know what is a criminal violation and what is a fabricated law. Chief Shipman scratched out the last sentence as I advised him there was no law preventing a citizen from having two licensed, insured vehicles on their private property. Mark Conlee used his position as council member to push past any recognition of ethical standards. I feel like I have been raped by these public servants. I will never be the person I was prior to the physical assault by this gang.in their quest to acquire my property. No holds barred, they were intent on this goal. I was unable to assert my rights to save my life.
Sheriff Weber recently told me there has been an investigation into my allegations since May 1st. The only thing that I am aware of that has happened is the city clerk still participating the the conspiracy to cover up the evidence of the City officials implicating themselves by taking down the City’s webpage that had the min of the meeting since 2005.
This situation is not difficult to understand.
Mark Conlee, brother of Lee County Detective Bob Conlee purchased the legally non conforming property from Mayor Dinwiddie. He began redeveloping the property by tearing down the existing single car garage, trucking in enough fill dirt to elevate the property in some areas 10′ higher than before, he constructed a nonconforming 2 story oversized garage. He altered the roof surface from standard procedure by turning it so it diverted storm water runoff directly onto my property, he changed the grade of the fill dirt so all storm water ran onto my property. My property lost value of $10,000 just because the drainage was forseeable going to cause my property uncontrollable flooding. In questioning this illegal structure I was advised Conlee intended to build a living quarters in the upper level. Standard procedure requires drain tile to be installed around the base of the slab, it was not. Standard procedure requires gutter and downspout to be installed and directed to the city drainage ditch, it was directed directly to divert storm water from the massive roof onto my property.
The following spring there was a suspicious fire that supposedly destroyed the existing trailer. Suspicious to me because the only firemen on the scene that morning were Mayor Dinwiddie, building official/fire chief Mark Holland, Mark Conlee and the son of Mark Holland. The son, Jake was a former resident of the Conlee property, we discussed the fire after the fact. I discovered that only 2 weeks prior there was a trailer fire at a nearby mobile home park that was caused by the same M.O. I understand my testimony is not acceptable but several weeks prior to the fire after his new garage was finished he came over to my yard and gave a friend who was with me a message from his brother in Fla. At that time I asked him, “now that you have that nice new garage what are you going to do with the trailer, he said he wanted it to burn. I was still understanding he was going to build a living quarters in the second level of the garage. The morning of the fire, there was no fire alarm that went off, being 1 block from my house I was always awakened by the siren. That morning I was awakened by the clanging of the fire hose being connected to the hydrant on my corner of the street. The only fireman who acted in an attempt to extinguish any fire was the son, Jake Holland. The other 3 on the scene did nothing but stand on the sidewalk the entire time and chat. Jake got the hose connected and was motioned to lay it down. There was no action physical action made to extinguish any fire. After some amount of time an hour or so Mark Conlee puts on the hazard uniform and enters the home. He exits about 5 minutes later empty-handed and gives the others still on the sidewalk a nod. They continue to stand on the sidewalk for another hour or so. Jake puts the equipment away and they go on about their day. I find it suspicious that Dinwiddie and Holland did not go to their regular job that morning. Conlee went to work and was called home. There was no smoke coming from the building, there was nothing telling that a fire had happen to the building after it was over.
Conlee almost immediately builds a new home. There is no question that the building permit is illegal. He changed the frontage of the home to now be the alley, that is illegal. The roof surface is also altered from standard procedure just as the garage and directed to divert storm water directly onto my property. I advised Conlee that we needed a ditch, reasonably to run directly down the common boundary since he was the one who had the new redevelopment that caused the problems to my property. He was unwilling to have it on his property, the man I was going to barter upholstery for excavating a ditch backed out fearing a liability if he happened to get on Conlee property since there had been no survey, only a verbal agreement on the common boundary. Conlee illegally removed an existing berm that had been put in place by the original owners of both property for the sole purpose of protecting my home structure from storm water runoff from the Conlee property when the original home burnt prior to 1972 when they brought in the mobile home. Berm and swale were commonly used at that time for this purpose. The berm was on the Conlee side of the common boundary, the swale was on my side of the common boundary. The building officials refused to address my concerns, his duty is to oversee property redevelopment is in compliance with State building and drainage laws. When he refused to come to the location I contacted Lee County Ext, agent Robert Dodds, he did come to the location and took some photos. I had many questions I showed him the building permit which lacked the signature of the builder Mark Conlee but was signed and approved by the building official. Mr. Dodds noticed some other discrepancies on that building permit. He questioned why years before when he built a garage he had to pay a pretty significant amount for the fee charge of his building permit. Mark Conlee had paid no fee according to the permit. He explained that in regards to storm water drainage and property development you are not allowed to divert more storm water to the neighboring property than before the redevelopment. He sent a copy of the letter to Mayor Dinwiddie allow with drainage laws. Dinwiddie had no regard for this expert opinion. When all other times any opinion from Mr. Dodd has held high regard with the city of Montrose.
I hired attorney Steve Swan to sue the city of Montrose. Retired Sheriff’s officer, John Farmer referred Swan to me. John worked for the city of Montrose prior to moving up to the sheriff’s dept. He is well aware of the characters who hold positions in Montrose. I met with Swan and he advised me that John Farmer had briefed him on the case, John told him that I did not have many financial resources. I had been self-employed as an upholsterer since I purchased my property in 1995. I was never without work, but I basically charged what I needed to pay my bills, explains why I had a backlog of work for over a year at all times. Swan also advised me that he had spoken to Lee County Detective Bob Conlee, Bob had already lied to him when he told him his brother never trucked in any fill dirt but poured the new slabs just as the property existed. He advised me that my case was a tort case and we would sue both parties, Conlee and the city. He asked if I would be willing to barter upholstering his vehicle for his service. I willingly took him up on that offer, I was so moved by his kindness I had to pull over on the highway because I was crying with gratitude. The following day I received a copy of a letter of intent he sent to Conlee the previous afternoon. The letter demanded Conlee remedy the nuisance drainage problem in 10 day or he would file an injunction against him. Conlee began removing the existing evidence of the berm and its height, he built a little roof over the door on the side of his house as if he had not changed the frontage of his property.
I emailed Swan multiple times on the 10th day telling him to file the injunction. I never heard another word from him and he filed no injunction to stop work.
Soon after this, a rash developed on my shins, I referred to it as a rash because that was what it appeared to be to me. I thought perhaps an allergic reaction to something. I had never had any problems prior to this with my skin, I had never even have poison ivy.The itch was intense, nothing similar to a bug bite. I had used a push lawnmower since I purchased my place, I did that for cardio, and in fact I never wanted a riding lawn mower. The next time I went out to mow I noticed that the neighbor had applied something to my side of the common boundary. I had never been exposed to what I assumed was weed killer. I had not changed my routine for 10 years. It seemed reasonable that whatever this neighbor was apply to my side only of the common boundary could possibly be the cause of what had now rapidly spread over other parts of my body. I told him and the new police chief that day not to apply anything to my property and explained I thought it could be the cause of my skin eruptions. I requested an incident report from the police chief.
By this time my opinion of Mr. Conlee’s character was less than honorable. He knew my property was flooding, my foundation had been damaged and he was unwilling to allow me to have a ditch dug down the common boundary. He continued using the chemicals without hesitation as routine yard maintenance applying them to my property only. I kept requesting the incident report from Chief Shipman and he kept coming up with excuses as to why he did not have it for me, a witness says he was lying about the reason he did not have it. When I did receive it 16 months later the first on was not satisfactory in detail, I told him no that I wanted one with the details. A week later he gave me a half-hearted report. By this time my rash had become a severe skin condition. My entire body was raw. The pain was excruciating, it was unbearable to wear clothes.
I had requested a trespassing complaint be file on my behalf early on. Every request denied by the City and Lee County Attorney. The chemicals now had become a weapon with intent to cause me serious injury. The fact that I was denied equal protection of the law and access to the courts make this a conspiracy deprivation of rights under color of law.
It became clear to me the reason Conlee would not stop applying chemicals to my property when I realized he was unable to get the illegal redevelopment recorded on the county plat map.
Lee County attorney Mike Short suggested mitigation two years in a row, I was willing. Even sent my report in the mail to the mitigation service. However Mark Conlee was not. He knew his illegal redevelopment would be order to be removed. return the lot back to the original state. His excuse the first year was because he had paid an attorney to represent him in a civil case he filed against me. In that case the judge dismissed his case citing my right to enjoy my property. I put up a privacy curtain and Mr. Conlee believing my backyard was his backyard because he changed the frontage of his home to face the alley was offended by the curtain. I knew I was well within my rights. I always know the law before I ever act. I felt a sense of relief by the judge’s ruling. My right to enjoy my property in my mind meant no more chemicals on my property either. I was wrong about what the ruling meant to Mark Conlee and Chief of Police Brent Shipman. They approached me in my yard one day and Conlee advised me he was going to my the railroad ties I had legally placed down my side of the common boundary to divert the storm water toward the city drainage ditch. I advised him if he had a problem with the boundary line he would need to file another civil complaint. I question Brent Shipman as what was purpose of him being with Conlee. He advised me that he was acting as a witness that Conlee was telling me ahead of time that he was going to alter my property. At that point I advised them both that I intended to invoke my second amendment right. I advised Chief Shipman never to knock on my door again. I headed to the house to get my weapon, you never saw two adults run up a hill so fast.
Imagine now, here I am, my body completely raw, trying to meet deadlines for my upholstery clients and having to defend my property every afternoon from 3:30pm the rest of the night.
I retrieved my weapon, a single shot long arm pellet gun and stood guard on my property till way past dark. I had to have some rest, I had other responsibilities so I went in the house and laid down to sleep a bit. When I woke up the next morning I went out to check the boundary line. Sure enough Conlee had moved the railroad ties I placed to protect my property. I had them held in place with staubs. I had new lawn edging put in place and the railroad ties were pushed every which way. The staubs were broken off, the edging pull out of the ground and just laying there. My skin condition was full body, I was terrified to go near that boundary in the first place, I have never felt so violated in my life. This was done in contempt of a court order. I called the only authority of the law available Chief Shipman and told him I wanted to file a trespassing complaint against Conlee. He asked me if I saw him do it. I told him he was the witness that Conlee was going to do it. It was complete violation of my rights. It was a conspiracy.
I again contacted Lee County attorney Mike Short, he advised me that he doesn’t let neighbors file complaints against each other because it never stops. Yet I was charged by the State and City several times on fabricated laws and ordinances on Conlee’s behalf. I never even got into the courtroom. Conlee did not even show up. I was told by Montrose Deputy Judd that Conlee was on vacation in Fla. What kind of public servants are these people. What kind of people conspire with intent to cause serious injury to anyone? Narcissists are described as these kind of people. It only take one narcissist to manipulate a group of people into believing anything they say. With every complaint that was dismissed against me the more aggressive the City, on Conlee’s behalf, became to find me guilty of a crime. Public record has a discussion about it. The council and Mayor discuss going to speak with the judge. What does that mean? Offer him a bribe? The judge knew the laws. The judge knew what wasn’t against the law. What else would they feel they needed to speak to him about?
Well the reality set in after 5 years of being abused by my local government officials, committing criminal acts against me. I had by this time lost my eyesight, unable to read, unable to recognized people, I was terrified. A neighbor using chemical weapons with intent to cause serious injury is defined as terrorist acts. If he is capable of doing this what would he not do to eliminate me? These government officials conspired to commit terrorist acts against me. Deprived me of my rights under color of law, committed a conspiracy against my rights as well as defamed my character and fabricated ordinances and laws in an attempt to cause me financial harm.
Mark Conlee had to have my property to ever get his illegal redevelopment recorded on the county plat map and he decided the action to take was to eliminate me. I had two options one was to shoot him dead or flee and seek justice according to the law. I mistakenly chose the latter option. To date I have gotten little if any interest in my story. I am sure if the right person gets to read this action will be taken and justice will be served. But how long? The City and Prosecuting attorney had the duty not to let this happen in the first place.
One other thing I want to mention in regard to Mayor Dinwiddie and his property. Several years ago a woman spoke to the city council about opening a tattoo shop in a building that was available, the council discussed this and they did not think a tattoo shop would represent the city as they wanted it to be represented. It was only a short time later that a different woman spoke to the council about opening a tattoo shop in a building she intended to purchase from Mayor Dinwiddie, the city council was all for this new business in town. What is the difference? Mayor Dinwiddie would receive a personal financial gain just as he did when Conlee purchased the legally nonconforming lot from him.
Attorney Steve Swan conspired with Conlee in violation of his oath to represent his clients best interest
Lee County Attorney Mike Short conspired with Mark Conlee by denying me equal protection of the law, access to the court, and terrorist acts. Conspiracy against rights under color of law.
Lee County Detective conspired with Mark Conlee in misrepresenting his authority to be that of a building official, he was acting without jurisdiction, he defamed my character and knowingly made false statements associating me with illegal drug activity. Conspiracy against rights under color of law.
The most recent act of conspiracy was when Sheriff Stacy Weber advised the city clerk that there was an investigation that initiated City clerk Celeste Cirinna took down the City of Montrose website that contained the minutes of the council meeting and evidence of these officials implicating themselves to suppress the evidence. I have copies of all the meeting minutes.
City clerk Celeste Cirinna committed multiple counts of fraud, conspiracy against rights. But Lee County attorney refused to prosecute any of these criminal offenses. They already knew they could do anything and not be held accountable by local law enforcement. The evidence cannot be disputed, they have no defense.
What is not in violation of Federal law in this case is my question?
March 3, 2005 PAGE 196
MONTROSE COUNCIL MEETING PUBLIC HEARING & REGULAR MEETING
The Montrose City Council met for Regular meeting at 7:00 p.m. on the 3rd day of March 2005. Council met at City Hall, 102 S. 2nd St. pursuant to law with Mayor Ronald Dinwiddie presiding and the following Council members present: Brisby, Holland, Junkins, and Slater. Roberts was absent.
Call to Order. Regular meeting called to order at 7:00 p.m.
Agenda. Moved by Holland, seconded by Slater to approve Agenda without Item No. 2 under New Business. All ayes. Motion declared carried.
Page 197 MONTROSE COUNCIL MEETING MARCH 3, 2005, PAGE 2
Ordinance No. 191. Councilwoman Brisby says we had a building inspector at one time. Dinwiddie says we don’t have one now because the City didn’t want to be responsible if they inspected a home and something happened. Brisby also states the City had a building code at one time. Dinwiddie says that code was from the 1980’s. We are now adopting the International Building Code. He says even if we don’t have a building inspector, if someone has a complaint the City could enforce the International Code. Moved by Holland, seconded by Slater to pass on first reading AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF MONTROSE, IOWA 2003 BY AMENDING PROVISIONS PERTAINING TO CHAPTER 50 SO AS TO PROVIDE A NUISANCE CODE FOR NUISANCE ENFORCEMENT. Roll call voting 4-0. Brisby, aye; Roberts, absent; Slater, aye; Junkins, aye; Holland, aye. Motion declared carried unanimously.
Ordinance No. 192. Moved by Holland, seconded by Brisby to pass on first reading AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF MONTROSE, IOWA 2003 BY ADOPTING THE INTERNATIONAL BUILDING CODE. Roll call voting 3-1. Junkins, aye; Slater, nay; Brisby, aye; Roberts, absent; Holland, aye. Motion declared carried.
Ordinance No. 193. Moved by Holland, seconded by Junkins, to pass on first reading AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF MONTROSE, IOWA 2003 BY ADOPTING THE UNIFORM CODE ON ABATEMENT OF DANGEROUS BUILDINGS. Roll call voting 4-0. Roberts, absent; Brisby, aye; Holland, aye; Slater, aye; Junkins, aye. Motion declared carried unanimously.
Ordinance No. 194. Councilman Holland says the Fire Department doesn’t have the Fire Code books. They do not do inspections because of the liability. He says the City can ask the State Fire Marshal to inspect a building if needed. Moved by Holland, seconded by Brisby to pass on first reading AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF MONTROSE, IOWA 2003 BY ADOPTING THE UNIFORM FIRE CODE. Roll call voting 4-0.
Slater, aye; Junkins, aye; Holland, aye; Roberts, absent; Brisby, aye. Motion declared carried unanimously.
Ordinance No. 195. Dinwiddie says the City is responsible for the trees between the sidewalk and the street. Moved by Holland, seconded by Junkins to pass on first reading AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF MONTROSE, IOWA 2003 BY AMENDING TREES. Roll call voting 3-1. Holland, aye; Brisby, aye; Junkins, aye; Roberts, absent; Slater, any. Motion declared carried.
Hiring Police Chief. Clerk/Treasurer Cirinna says she received ten applications. All had been notified of the physical given by the Sheriff’s Office on March 10, 2005 at Central Lee. Council will meet at 5:00 p.m. on March 10, 2005 to review applications of the persons who have passed.
Dinwiddie went to the ILEA Records Requirement School. He says they realize not all towns hire a Police Chief the proper way. The City will now follow ILEA hiring standards. First there is a physical, the first interview, the MMPI and a second interview; all the while weeding out applicants.
Hiring Reserve Officers. Dinwiddie says we should wait. Kent Rubey concurred, saying we should wait until a Chief is hired.
Authors Note: The City ordinances code does include nuisance drainage ordinance. That code was never recognized when Mark Conlee’s illegal property redevelopment was diverting a significant amount more of stormwater onto my property, causing adverse effects to my property. Including uncontrollable flooding and loss of value. The Mayor states the city could enforce the State uniform building code if needed. There was no effort to do that when Conlee was in violation. The Mayor is mistaken, the city is responsible for any damages due to negligence of the city. Any city who issues building permits, has an appointed building official (in this case Mark Holland) is obligated to oversee compliance to State building code and drainage laws. It is my opinion the Mayor was making this statement to dumb down the citizens attending this meeting. Are people really ignorant to believe these falsehoods? Are there no experts that have access to my posts. Nobody has an educated opinion. WTH is wrong with people who are silent when a brutal intentional attack has taken place against a neighbor, friend and fellow citizen? Any opinion is welcome. If anyone has evidence that a City can legally issue a building permit, have an appointed building official and not be responsible for damages occurred due to the building officials failure to address the concerns of a neighboring property owner, not review the building plans and assure compliance to State building code the show me what I do not know about. Just say something about any of the information I have and will continue to post. I believe the actions of my local government officials are criminal. In violation of my State and Federal Constitutional Rights. I am angry that nobody locally has answered even one of my questions. Now I am posting it publically and nobody has an opinion. GRRRR.
This is what I am talking about, this is the least of what should happen to corrupt government officials. I am curious as to who, when, and why these individuals were exposed.
I am sure someone had evidence that was submitted and shared with a higher authority. It makes no difference if the corruption is against a single person or a certain segment of society, we as individuals are guaranteed certain unalienable given rights.
These rights are to be protected by our local government officials.
In my case it was the local government officials who conspired to deprive me of those given rights, I was violated of my Federal Constitutional Rights and the proof is in the evidence I have documented and in my possession.
The FBI were part of the investigation into the case in this article.
Who is the top dog to contact in which I can have the opportunity to personally submit the hard copy evidence I have gathered.
In fact evidence still surfaces supporting certain individuals in my case are guilty of conspiracy.
A newspaper article recently stated that Lee County Attorney referred a case to the Iowa Attorney General, he was concerned about a conflict of interest with the officer involved. This same officer was involved in committing criminal offenses against me.
I have correspondence with Lee County Attorney Mike Short which I am begging him to recuse himself because of an obvious conflict of interest.
He simply would not, he fully participated in the attack against my person and property.
Racketeering influenced corrupt organizations act
PROTECTING CIVIL RIGHTS:
A Leadership Guide for State, Local, and Tribal Law Enforcement
Protecting Civil Rights: A Leadership Imperative
All law enforcement leaders recognize the ethical and legal imperatives to which they and their officers must adhere to ensure that civil rights of all individuals in their communities are protected. Law enforcement officers, in fact, are the most visible and largest contingent of the nation’s guardians of civil rights. Every police officer commits to upholding the nation’s prime guarantor of rights, the U.S. Constitution, when sworn into office. To be effective, a police department and its individual officers must be seen primarily as protectors of civil rights, rather than agents of social control whose main purpose is to limit individual freedoms. The effectiveness of police in their varied missions—from law enforcement to community service—depends on the trust and confidence of the community. Public trust and confidence are severely reduced when individuals’ civil rights are compromised. And when any community perceives that its civil rights are systematically violated by the police, all sense of trust, cooperation, and partnership between the police and that community will be undermined. Understanding these ethical imperatives, law enforcement leaders must be continually vigilant to ensure that the actions of their officers do not violate civil rights and do not compromise public support. Officers are granted a tremendous amount of authority and discretion to enforce the law, that is, to protect individual rights from being infringed upon by others in the community. At the same time, officers themselves must act within the confines of the Constitution while executing their tremendous power and wide discretion. They must never consider themselves above the law while executing their responsibility to enforce the law. This commitment is what distinguishes police in constitutionally based, democratic societies like ours from police in nondemocratic countries, where they too often are perceived as oppressive agents of a government whose main purpose is to restrict, rather than protect, the rights of civilians.
Across the United States, law enforcement personnel have an overwhelmingly positive record of accomplishment for respecting and protecting civil rights. Leaders should find it heartening and a source of pride that the vast majority of the countless interactions that officers have with civilians result in actions that are conducted lawfully, professionally, and within constitutional boundaries. The fact that the overwhelming majority of police officers routinely respect civil rights under the most trying and volatile conditions is remarkable. Given the risks inherent in police work and the grave consequences that can occur when civil rights are violated, law enforcement leaders must be unwavering in holding their officers accountable. Their officers are vested with authority and discretion that can be abused. Unlike any other profession, the possibility of violating civil rights, or being perceived as violating civil rights, is inherent in many of the duties officers are required to perform on a day-to-day basis. Unfortunately, the notoriety and harm that arise from even isolated instances of civil rights violations can easily overshadow the vast majority of police-civilian encounters that are performed respectfully and professionally. Law enforcement leaders bear the tremendous responsibility to ensure that individual officers and units within their agencies uphold the law and its most basic guarantees.
Realistically, law enforcement leaders recognize that on rare occasions officers will violate a civilian’s civil rights, wittingly or unwittingly. On even rarer occasions, groups of officers or small factions within an agency may act without regard for civil rights, perhaps even asserting that effective law enforcement can come only at the expense of civil rights. Leaders must be resolute in their responses to isolated incidents of civil rights violations to minimize damage and set a clear example. In the case of officers who systematically violate civil rights, their behavior must not be tolerated and action must be decisive and uncompromising.
Effective leaders, supported by the managers who serve them, must strive to identify and intervene when officers exhibit potentially problematic behavior before it escalates to the point of violating civil rights. Against this backdrop, the seriousness of law enforcement leaders’ responsibility to communicate a consistent and far-reaching commitment to civil rights protections cannot be overstated. Although laws, departmental policy directives, and standard operating procedures are critically important, law enforcement executives’ leadership and communication skills are the most critical elements for ensuring that officers regularly exercise sound judgment and engage in professional and ethical policing. Law enforcement leaders can and must demonstrate a fundamental and complete allegiance to civil rights protections in a coordinated manner using multiple approaches. They must clearly convey a simultaneous commitment to effective law enforcement and civil rights protection; they must codify this commitment in their agency’s mission statements; they must ensure that their department’s policies are clear, sound, and consistent with civil rights guarantees; they must train and supervise officers in manners that are consistent with this commitment; and they must respond to alleged civil rights violations with vigilance and with fair and decisive action. As law enforcement leaders succeed in these regards and make these efforts transparent to the public, they validate the core premise that civil rights protection is not only an ethical and legal imperative but a practical imperative as well. Protecting civil rights is good for police, good for the community, and essential for maintaining the partnerships that must exist between the two.
Federal Investigations: A Response to “Patterns or Practices” of Civil Rights Violations Despite the ethical, legal, and practical imperatives to protect civil rights, law enforcement officers occasionally abrogate their oaths. When these unwitting or intentional violations of citizens’ civil rights go unaddressed, they can escalate into more widespread patterns or practices of civil rights violations that can undermine the credibility of an entire law enforcement agency and erode public trust and confidence. Moving beyond isolated instances, pattern or practice violations of civil rights comprise an urgent call to law enforcement executives and the municipal, county, or state governments under which they serve to reassume the ultimate responsibility for ensuring that officers uphold their oaths of office and adherence to constitutional guarantees.
During the last decade, the federal government has responded to such situations in the rare, but urgent circumstances where allegations of pattern or practice civil rights violations have arisen. The passage of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law No: 103-322) enabled the federal government to take action to remedy any pattern or practice of conduct by state and local law enforcement agencies “that deprives persons of rights, privileges, or immunities secured or protected by the Constitution or laws of the United States.” In response to this enabling legislation, the Special Litigation Section of the Civil Rights Division of the U.S. Department of Justice assumed the responsibility for investigating alleged pattern or practice civil rights violations and for establishing remedies to such violations.
During the last decade, the Special Litigation Section has investigated an array of alleged pattern or practice civil rights violations including the following:
- Unlawful or excessive use of force
- Inadequate training on use-of-force techniques
- Racial profiling
- Illegal stops and searches
- Intimidation by police
- Harassment of civilians in retaliation for reported misconduct
- Inadequate supervision
- Failure to investigate alleged officer misconduct.
Investigations by the Special Litigation Section resulting in a determination of actionable civil rights violations generally have been resolved through negotiated agreements in the form of memorandums of agreement (MOA) or consent decrees. Through such agreements, the federal government and law enforcement agencies agree to a course of action to correct the patterns of civil rights violations and to remedy the conditions that allowed the violations to occur. Since 1994, 14 agencies have been or currently are under federal monitoring as a result of civil rights violation investigations. While these 14 agencies represent an infinitesimal fraction of the country’s nearly 18,000 state, county, local, tribal, and special jurisdictional law enforcement agencies, the impact of these federal investigations and agreements has been and continues to be profound and far-reaching.
Oh my this would be similar to the criminal offenses committed by City of Montrose, Ia clerk Celeste Cirinna. City of Montrose. Ia clerk Celeste Cirinna
“When elected officials engage in corruption it erodes public confidence in our democratic system of government,” said Dana J. Boente, U.S. Attorney for the Eastern District of Virginia. “Burfoot’s well-publicized criminal exploits have eroded public confidence in how their tax dollars are used and managed, and his selfish actions feed the worst perceptions about public employees, of whom the vast majority perform their duties selflessly and admirably. I want to thank the Assistant United States Attorneys and the FBI for their diligence and dedication in pursuing this important case.”