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
In the Heartland-Government lead Terrorist Group used chemical weapon to eliminate US civilian. The use of chemicals in the manner which they were used in the attack against me was ongoing terrorist acts. Be it written law or not. I know I personally felt terrified. I continue to feel unsafe. I actually believed at the time they would burn my house down with me in it. The Feds have been as much as co conspirators. An agent used tax payers money to travel to my location, after 14 months, his intent was to review my hard copy evidence. He arrived announcing he had no intention of reviewing any evidence. He asked that I tell him the story. I received a letter two hours after he left from Washington DC headquarters advising that the agent had determined no violation of Federal law had occurred. The point is that two hours is not time to get a letter from the departure to the local hub of the post office. This agent clearly had predetermined his decision without any evidence provided by me. I received a letter from him saying as much two weeks later. It does not take a law degree to know that private property rights are Federally protected or that evidence based on hearsay is not evidence admissible to a court. Yet I am the only one who knows about these shenanigans because I have no opportunity to submit my evidence to any authority. A trespassing complaint complied to and enforced would have prevented my ongoing pain and suffering. To allow local government to use terrorist acts against a civilian is unconscionable. I have publicly stated that I am not going to be the only victim of this serious criminal act for the purpose of personal financial gain. Thank you for listening. Give me a day in court or an AR-15. This is exactly why civilians need assault rifles. https://poisonedbymyneighborfromhell.com
I was recently advised of this by an attorney, in fact over these past few years several attorney’s have had similar advice for me.
I have gone to extreme lengths to get the proper authority to review the evidence in my case and to proceed to have justice served.
My case is non typical of any other case in this Nation. The criminal acts committed against me have been intentional. They have been as brutal as a civilian in this Country have ever experienced. The pain and suffering continues to exist from the time my eyes open till the time they go to sleep.
The fact that no Federal authority chooses to prosecute my attackers should not have ever been considered in this case. There are Federal laws on the books that are in place to protect citizens from exactly what has happened to me. These laws are not optional for prosecution. Those who have the duty to investigate and prosecute and have not preformed their duties and just as guilty as the ones who physically attacked my person and property, in my opinion they are more liable. They have provided me with no means of having justice be served. The violations of my State and Federal Rights are not to be violated anymore than those who have attacked me. For any person to be held above the law in serious criminal offenses against another citizen is difficult to understand. I know this neighbor is suffering from psychopathic personality disorder. I know that the other officials were in it for personal financial gain. I know the facts because I was a witness, and I have the documentation supporting my allegations.
To the extent in which I have been violated lets get right to the bare bones. Corrupt local government is a common reality in the entire USA. Generally it does not take the form of intentionally causing physical harm and suffering to an innocent civilian. When Senator Chuck Grassley advised me that he requested an inquiry into my allegations I felt a sense of relief. The Senator has great influence over the Federal Government. He advised me that the FBI would be contacting me. I waited for five years and nobody from the FBI contacted me. I contacted the Senator again, he advised me that he would request a second inquiry on my behalf. He advised me to be patient, it takes time. Another five years pass and nobody from the FBI contacted me.
Have you ever tried to contact the FBI, well don’t waste your time because you are only going to be disrespected and hung up on. You can never get the name of the person you are speaking with and quite frankly the statistics show that they as a whole are incompetent. In my case the same is true. I reached out to an agent through the County Sheriff, I knew he had a conflict of interest, that’s how desperate I was.
During these ten years of waiting for a response from the Senator’s inquiry I continued more advanced degree of suffering. My entire body was reacting to the chemical exposure. I had no choice but to stay at my private property with would have resulted in my death I am sure, or flee to escape the chemicals. I chose the latter believing that at some time I would be compensated for the damages I suffered from the intentional actions of my corrupt local government officials. They terrorized me, I was afraid to go to sleep at night because I knew they were not beyond setting my house on fire with me in it. I know that for a fact. You don’t know that because you have never had the opportunity to read my story.
The Senator still has an obligation to assure my evidence has been properly reviewed, however he has now suggested he can do nothing on my behalf. So to sum up what he did, he requested two inquiries on my behalf. He apparently was never given a follow up report from the FBI disclosing what they discovered in my case. I can tell you what they discovered. They discovered nothing, they have never reviewed the evidence. The agent who I finally got connected with came to my home for the purpose of reviewing my evidence. He arrive announcing that he had no intention of reviewing anything. He later disclosed to me that the County Sheriff had given information (hearsay) to a third party and that is how he determined no Federal law has been violated. I can tell you and most of you know that when it come to telling the truth about any subject a law enforcement officer is the last source you can trust to be honest. I was not privy to the information given to this agent, for the purpose I am sure that I would not have the opportunity to present evidence that he was making false statements. This agent was supposed to be investigating on my behalf. He instead cover up the violations of Federal law committed by corrupt local officials.
Now what options do I have to seek justice in a case that destroyed my life? You know and I know the only resolution I have available for justice to be served. The media has much responsibility for the mass shootings we hear of in today’s world. I can testify that these random shooters are not mentally ill. They have been violated to the degree that they will not allow to be disrespected for one more minute. That is what the media should be reporting before it comes to this extreme.
I have pleaded with the media to publish my story. The local editor has been sent the evidence as it took place by me. He stated that my case looks cut and dry. He is right there is no reasonable justification for the criminal offenses that have been committed against me. But he will not publish my story because he has a good relationship with the County Sheriff and does not want to put that in jeopardy. Should I happen to decide I will not go one more minute being disregarded and disrespected to be a human being I am certain that this local editor will withhold the evidence that has been submitted to him by me.
Protecting corrupt government officials is not in the best interest of them. It takes a tragedy and still they are protected from being exposed as the animals they have become.
The buck stops here. https://poisonedbymyneighborfromhell.com terrorist governments using chemical weapons against civilians happening in the USA today. But don’t tell the general public. Let them put themselves in a life threatening situation, that is in the best interest of all involved, right?
Give me my day in court or an AR-15.
TOTAL DEPRIVATION OF RIGHTS Section II
The phrase, “no one can “be compelled to be a witness against himself,” is in agreement with the Supreme Court ruling in Haynes v. U.S., 390 U.S. 85, 88 S.Ct. 722, wherein the ruling was that to force anyone to register anything is communicative, and such communicative evidence is precluded by the 5th Amendment.
So with that in mind, all fiat governmental administrators, police and all associated by interlocking directorates have been given knowledge! You “know, or should have known.”
Under USC Title 42 §1986: Action for neglect to prevent…, it states: Every person who, having knowledge that any wrongs conspired or to be done… and having power to prevent or aid in preventing… Neglects or refuses so to do â€¦ shall be liable to the party injured… and;
The means of “knowledge”, especially where it consists of public record, is deemed in law to be “knowledge of the facts” that makes the offending, trespassing, pirating “Officer” and all supporting interlocking directorates subsequently liable for all damage and injury. THE WORLD has now been given “knowledge of the facts” as it pertains to this conspiracy to commit a fraud against me.
AT LEAST THIRTEEN (13) TIMES I noticed all Capturing and Offending Parties that I reserved ALL my Rights at all times. I did not, do not, and never have voluntarily agreed to play any game of â€˜letâ€™s pretendâ€™ with any Legal Fictional Entity or other governmental agency. I stopped trusting big boys with real guns in 1968 with my Honorable Discharge for US Army. I reiterate, I reserved all my Rights at all times, compromising none, even though that increased my degree of torture within their confines.
“[W]aivers of fundamental Rights must be knowing, intentional, and voluntary acts, done with sufficient awareness of the relevant circumstances and likely consequences. U.S. v. Brady, 397 U.S. 742 at 748 (1970); U.S.v. O’Dell, 160 F.2d 304 (6th Cir. 1947)” .
Fraud, deceit, coercion, willful intent to injure another, malicious acts, RICO activity and conspiracy were instrumented against Claimant by said Capturing and Offending Pirates Unconscionable “contract “One which no sensible man not under delusion, or duress, or in distress would make, and such as no honest and fair man would accept. ; Franklin Fire Ins. Co. v. Noll, 115 Ind. App. 289, 58 N.E.2d 947, 949, 950. And;
Under USC Title 42 §1982, §1983 and/or §1441. Property rights of citizens â€¦, further evidences the above position that the City or State cannot take property because they DO NOT have Jurisdiction. It states that federal or state governmental agencies MUST have a monetary or proprietary interest in my private property in order to have jurisdiction over it (my property has no government grant/funding and is not a subsidized government project).
The State cannot diminish the rights of the people. Hurtado v. California, 110 U.S. 516.
“To say that one may not defend his own property is usurpation of power by the legislature.” O’Connell v. Judnich (1925), 71 C.A.386, 235 P. 664.
“The phrase ‘common law’ found in this clause, is used in contradistinction to equity, and admiralty, and maritime jurisprudence.” Parsons v. Bedford, et al, 3 Pet 433, 478-9 “If the common law can try the cause, and give full redress, that alone takes away the admiralty jurisdiction.” Ramsey v. Allegrie, supra, p. 411.Inferior Courts – The term may denote any court subordinate to the chief tribunal in the particular judicial system; but it is commonly used as the designation of a court of special, limited, or statutory jurisdiction, whose record must show the existence and attaching of jurisdiction in any given case, in order to give presumptive validity to its judgment. In re Heardâ€™s Guardianship, 174 Miss. 37, 163, So. 685
The high Courts have further decreed that Want of Jurisdiction makes â€œ…all acts of judges, magistrates, U.S. Marshals, sheriffs, local police, all void and not just voidable.â€ Nestor v. Hershey, 425 F2d 504.
Void Judgment -One which has no legal force or effect, invalidity of which may be asserted by any person whose rights are affected at any time and at any place directly or collaterally. Reynolds v. Volunteer State Life Ins. Co., Tex.Civ.App., 80 S.W.2d 1087, 1092.
“Whenever a law deprives the owner of the beneficial use and enjoyment of his property, or imposes restraints upon such use and enjoyment that materially affect its value, without legal process or compensation, it deprives him of his property within the meaning of the constitution. … It is not necessary, in order to render the statute obnoxious to the restraints of the constitution, that it must in terms or effect authorize the actual physical taking of the property or the thing itself, so long as it affects its free use and enjoyment, or the power of disposition at the will of the owner.” Forster v. Scott,136 N. Y. 577, [18 L. R. A. 543, 32 N. E. 976]; Monongahela Nav. Co. v. United States, 148 U. S. 312, 336, [37 L. Ed. 463, 13 Sup. Ct. Rep. 622].
Mr. Lewis in his work on Eminent Domain, third edition, section 11, says: ‘A law which authorizes the taking of private property without compensation, … cannot be considered as due process of law in a free government.’ (Chicago etc, R. R. Co. v. Chicago, 166 U. S. 226, [41 L. Ed. 979, 17 Sup. Ct. Rep. 581].” Associated etc., Co. v. Railroad Commission (1917) 176 Cal. 518, 528-530.
An unconstitutional law is not a law, it confers no rights, imposes no duties, and affords no protection. Norton vs. Shelby County, 118 US 425.
Primacy of position in our state constitution is accorded the Declaration of Rights; thus emphasizing the importance of those basic and inalienable rights of personal liberty and private property which are thereby reserved and guaranteed to the people and protected from arbitrary invasion or impairment from any governmental quarter. The Declaration of Rights constitutes a limitation upon the powers of every department of the state government. State ex rel. Davis v. Stuart. 64 A.L.R. 1307, 97 Fla. 69, 120 So. 335.
“The rights of the individual are not derived from governmental agencies, municipal, state, or federal, or even from the Constitution. They exist inherently in every man, by endowment of the Creator, and are merely reaffirmed in the Constitution, and restricted only to the extent that they have been voluntarily surrendered by the citizenship to the agencies of government. The people’s rights are not derived from the government, but the government’s authority comes from the people. The Constitution but states again these rights already existing, and when legislative encroachment by the nation, state, or municipality invade these original and permanent rights, it is the duty of the courts to so declare, and to afford the necessary relief. City of Dallas, et al. v. Mitchell, 245 S. W. 944, 945-46 (1922).
A constitution is designated as a supreme enactment, a fundamental act of legislation by the people of the state. A constitution is legislation direct from the people acting in their sovereign capacity, while a statute is legislation from their representatives, subject to limitations prescribed by the superior authority. Ellingham v. Dye, 178 Ind. 336; NE 1; 231 U.S. 250; 58 L. Ed. 206; 34 S. Ct. 92; Sage v. New York, 154 NY 61; 47 NE 1096.
“Owner has constitutional right to use and enjoyment of his property.” Simpson v. Los Angeles (1935), 4 C.2d 60, 47 P.2d 474
“We find it intolerable that one constitutional right should have to be surrendered in order to assert another”. SIMMONS v US,
“When rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them.” Miranda vs. Arizona, 384 US 436 p. 491.
“The claim and exercise of a Constitutional right cannot be converted into a crime.” Miller v. U.S. 230 F 2d 486, 489. History is clear that the first ten amendments to the Constitution were adopted to secure certain common law rights of the people, against invasion by the Federal Government.” Bell v. Hood, 71 F.Supp., 813, 816 (1947) U.S.D.C. — So. Dist. CA.
Economic necessity cannot justify a disregard of cardinal constitutional guarantee. Riley v. Certer, 165 Okal. 262; 25 P.2d 666; 79 ALR 1018. When any court violates the clean and unambiguous language of the Constitution, a fraud is perpetrated and no one is bound to obey it. (See 16 Ma. Jur. 2d 177, 178) State v. Sutton, 63 Minn. 147, 65 NW 262, 30 L.R.A. 630 Am. 459.
“The ‘liberty’ guaranteed by the constitution must be interpreted in the light of the common law, the principles and history of which were familiar and known to the framers of the constitution. This liberty denotes the right of the individual to engage in any of the common occupations of life, to locomotion, and generally enjoy those rights long recognized at common law as essential to the orderly pursuit of happiness by free men.” Myer v. Nebraska, 262 U .S. 390, 399; United States v. Kim Ark, 169 U.S. 649, 654.
“An unconstitutional act is not law; it confers no rights; it imposes no duties; affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed.” Norton vs. Shelby County, 118 US 425 p. 442
“The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void and ineffective for any purpose; since unconstitutionality dates from the time of its enactment, and not merely from the date of the decision so branding it.
“No one is bound to obey an unconstitutional law and no courts are bound to enforce it.” 16 Am Jur 2nd, Sec 177 late 2d, Sec 256
All laws which are repugnant to the Constitution are null and void. Chief Justice Marshall, Marbury vs Madison, 5, U.S. (Cranch) 137, 174, 176 (1803).
“Right of protecting property, declared inalienable by constitution, is not mere right to protect it by individual force, but right to protect it by law of land, and force of body politic.” Billings v. Hall (1857), 7 C. 1.
People are supreme, not the state. Waring vs. the Mayor of Savannah, 60 Georgia at 93
“The Doctrine of Sovereign Immunity is one of the Common-Law immunities and defenses that are available to the Sovereign…” Citizen of Minnesota. Will v. Michigan Dept. of State Police, (1988) 491 U.S. 58, 105 L.Ed. 2d. 45, 109 S.Ct. 2304.
“The people of the state, as the successors of its former sovereign, are entitled to all the rights which formerly belonged to the king by his own prerogative.” Lansing v. Smith, (1829) 4 Wendell 9, (NY).
“In Land v. Dollar, 338 US 731 (1947), the court noted, that when the government entered into a commercial field of activity, it left immunity behind.â€ Brady v. Roosevelt, 317 US 575 (1943); FHA v. Burr, 309 US 242 (1940); Kiefer v. RFC, 306 US 381 (1939
“Ignorance of the law does not excuse misconduct in anyone, least of all in a sworn officer of the law.” In re McCowan (1917), 177 C. 93, 170 P. 1100.
“All are presumed to know the law.” San Francisco Gas Co. v. Brickwedel (1882), 62 C. 641; Dore v. Southern Pacific Co. (1912), 163 C. 182, 124 P. 817; People v. Flanagan (1924), 65 C.A. 268, 223 P. 1014; Lincoln v. Superior Court (1928), 95 C.A. 35, 271 P. 1107; San Francisco Realty Co. v. Linnard (1929), 98 C.A. 33, 276 P. 368.
“It is one of the fundamental maxims of the common law that ignorance of the law excuses no one.” Daniels v. Dean (1905), 2 C.A. 421, 84 P. 332.
NOTICE OF CLAIMANTS INTENT
I’VE THROWN MORE LAW INTO THIS DOCUMENT than the offending Libellee(s) have probably read in their lifetime. Forcing a Living Man to “pretend” he’s a corporation, a trust, a legal entity, or some other “device” is contrary to common sense and True Law. A benefit, no matter how benevolent, cannot be forced upon any Living Man against his will. I exercise my will to inform the entire world that I am not a partaker in the/this/any Babylonian Empirical enterprise that â€˜buys and sells men’s souls’ as a common commodity. My plain statement of intent revolves around the fact that one man’s protest won’t help my fellow man, unless I demand “Enforceability.” [Pr 29:19 “A servant will not be corrected by words: for though he understands he will not answer.”] And, [Jeremiah 13:22-26. I will discover thy skirts upon thy face, that thy shame may appear] I am openly showing you and the entire world the filth of the “Whore of Babylon” I am lifting her skirt above her head that all can see the filth of the murders, slavery, torture, extortion and, yes, even PIRATING done by her. There are no â€˜innocent by-standersâ€™ in this theatre of Legal Fictional Entities (actors). You are either part of the solution or you are part of the problem. I am exercising one of my greatest Rights, the Right of being left alone, the Right of Privacy, the Right of Peace, which all Libellee(s) have greatly disturbed.
The ninth (9th) Maxim of Commercial Law states that credibility is measured by the degree of risk one takes. You won’ find much greater risk than I have taken to bring Truth and clarity to this very ugly scenario.
WHAT IS THE TRUE PURPOSE FOR POLICE ACTION/REVENUE GENERATORS?
My limited education has informed me that anyone having my signature can use it as they see fit. So, they create new money by sending a “bill,” an instrument which has no charge to it. The bill is like an invoice, which if not rebutted will run like any invoice … 30, 60, 90 days, then it becomes a security which can be levied against. The new money created is MY money which I can prove by either 1099OID or 1099A.
All vendors, retailers, etc., have the liability (ability to lie) to collect the interest on the national debt, which in essence is what they are doing … but they are not sending that along to the US Treasury and are in reality “pirates” operating on letters of marque and reprisal against the “enemies” of the US, you, me, and the 14th Amendment citizen under TWEA (trading with the enemy act) … BUT THEY ARE NOT PAYING THE TAX MEANING THAT THE MONEY CREATED IS “UNREPORTED INCOME” …hence the OID or A and resulting 1040 claim on interest back to principal â€“ ME.
When you do a full AFV (Acceptance For Value by a Private Bank/Banker) and state on the AFV “bill” to Deposit to the US Treasury and Charge the same to your corporate, Legal Fictional Entity (strawman), or to the vendor itself, it is a chargeback to the collector of the national debt, the US Treasury (you could do a chargeback to any other source … like to the Republic … if you so choose). The newly created money then is taken from the pirate for failure to ‘state a claim upon which relief can be granted (Rule 12 b 6)’ and either charged back for the use of the Republic or charged back where ever you send it. [Read: EXHIBIT THERE IS NO MONEY] The client (vendor/presenter/seller/clerks/police â€œticketâ€ ) account(s) is/are not entitled to the funds because of failure to pay the tax. The new bill is always ‘new’ money (which increases the National Debt with every issue) as they got paid when we put our signature on the original application for “credit”. The presenter (police/ticket) is always trying to avoid liability on the return of the tax to US Treasury by doing a ‘pass over’ from the application/ Bill directly to the bond of the strawman and getting you/me to become liable (30,60,90 days) … so now the presenter is trying to pirate from the US Treasury and make you liable for the payment of the tax bill — which we do when we take the Bill and AFV and deposit to the US Treasury and charge it back to either the presenter or our strawman (they are actually the same entity … all corporations o the US).
The Treasury can’t ‘cut them a check’, but actually ‘charge’ them for the money on the presentment which is essence should have been forwarded to Treasury on the national debt!!! THEY ARE IN DISHONOR AND WILL BE LIQUIDATED UNDER THE DOCTRINE OF THE CHAPTER 11 BANKRUPTCY OF THE US! Vendors or presenters already have the benefit privilege of discharge when issued a TIN, and trying an end run with a ‘bill’ is thievery under public policy. They are not entitled to “new” money as this is a felony called unjust enrichment. One easy way to prove the felony is the 1099A, and under 18 USC 4 — misprision of felony, the IRS has to prosecute. The presenter has no rights in the matter for failure to state a claim and pay the tax … it is all NEW MONEY!!! And, every action performed raises the National Debt by that much. These are Dark Matters.
Criminal prosecution based on an unjustifiable standard such as race,
religion, or other
Selective prosecution is the enforcement or prosecution of criminal laws against a particular class of persons and the simultaneous failure to administer criminal laws against others out-side the targeted class. The U.S. Supreme Court has held that selective prosecution exists where the enforcement or prosecution of a Criminal Law is “directed so exclusively against a particular class of persons … with a mind so unequal and oppressive” that the administration of the criminal law amounts toa practical denial of Equal Protection of the law (United States v. Armstrong, 517 U.S. 456, 116 S. Ct. 1480, 134 L. Ed. 2d687 , quoting yick wo v. hopkins, 118 U.S. 356, 6 S. Ct. 1064, 30 L. Ed. 220 ). Specifically, police and prosecutors may not base the decision to arrest a person for, or charge a person with, a criminal offense based on “an unjustifiable standard such as race, religion, or other arbitrary classification” (United States v. Armstrong, quoting Oyler v. Boles, 368 U.S.448, 82 S. Ct. 501, 7 L. Ed. 2d 446 ).
Selective prosecution is a violation of the constitutional guarantee of equal protection for all persons under the law. On the federal level, the requirement of equal protection is contained in the due process clause of the Fifth Amendment to the U.S.Constitution. The Equal Protection Clause of the Fourteenth Amendment extends the prohibition on selective prosecution to the states. The equal protection doctrine requires that persons in similar circumstances must receive similar treatment under the law.
Selective prosecution cases are notoriously difficult to prove. Courts presume that prosecutors have not violated equal protection requirements, and claimants bear the burden of proving otherwise. A person claiming selective prosecution must show that the prosecutorial policy had a discriminatory effect and that it was motivated by a discriminatory purpose. To demonstrate a discriminatory effect, a claimant must show that similarly situated individuals of a different class were not prosecuted. For example, a person claiming selective prosecution of white Protestants must produce evidence that shows that white Protestants were prosecuted for a particular crime and that persons outside this group could have been prosecuted but were not.
The prohibition of selective prosecution may be used to invalidate a law. In Yick Wo v. Hopkins, the U.S. Supreme Court struck down a San Francisco ordinance that prohibited the operation of laundries in wooden buildings. San Francisco authorities had used the ordinance to prevent Chinese from operating a laundry business in a wooden building. Yet
the same authorities had granted permission to eighty individuals who were not Chinese to operate laundries in wooden buildings.Because the city enforced the ordinance only against Chinese-owned laundries, the Court ordered that Yick Wo, who had been imprisoned for violating the ordinance, be set free.
Date: 5/17/17 2:49 PM (GMT-06:00)
To: “Reinwart, Thomas J. (OM) (FBI)” <Thomas.Reinwart@ic.fbi.gov>, “Kaufmann, John (Grassley)” <John_Kaufmann@grassley.senate.gov>, National Crime Victim Law Institute <NCVLI@lclark.edu>, firstname.lastname@example.org, investigative reporters and editors <email@example.com>,and a few more.
Subject: In regards to two Congressional inquiries by Senator Grassley
I have repeatedly attempted to get an agent to physically review the evidence I have gathered during and extended period of time in which my civil rights were violated by my local government officials. To date no agent has reached out to me in an attempt to review my evidence.
My contact with a Federal agent was on behalf of phone calls I made to my local division. One other agent who was not over the division covering my area did speak with me. This agent was referred to me by a local official who clearly has a conflict of interest with those who violated my civil rights. I am sure that his intent was to divert any serious investigation. I received two letters from Assistant Deputy Director J. C. Hacker stating the the Cedar Rapids, Iowa division found no violation of Federal law. I would like the opportunity to speak with Agent Hacker to inform him that there has never been a review of my evidence and would like an explanation as to how a decision could be made with no review of my evidence. My evidence is undeniable that Federal law has been violated. I have requested Agent Reinwart forward my emails to J. C. Hacker, however he does not seem interested in doing so. I am again requesting this email to be forwarded to Agent J.C. Hacker, recognizing the possibility that my allegation are correct and a conflict of interest caused the evidence initially given to the Agent from the Quad Cities to be tainted should be taken into consideration. I again want to stress this case is unprecedented and seemingly unbelievable, a review of the evidence will prove my allegation are justified.
I am writing this letter on behalf of the following excerpt from a FBI review which was presented to Senator Grassley.
Recognizing the FBI works closely with the local authorities with no review of my evidence justice cannot be served, the crimes committed against me were perpetrated by my local government officials. The FBI clearly has only heard one side of this case, apparently falsified, I have no clue what the agent from the Quad Cities was told. I do know what the evidence I have proves without a doubt.
Author’s note: I have repeatedly been advised by Grassley staff to be patient, the FBI would contact me. That never happened. Negligence on the part of the FBI is unacceptable. Ten years I was patient. Ten years is an unreasonable amount of time to be patient when a citizen has been assaulted with chemicals and forced from their private property by local government officials.
Eventually I did contact SA Thomas Reinwart. Not impressed with his enthusiasm. Not impressed with his investigative skills. Hearsay is what he used as evidence. He advised me that he came to my home for the purpose of reviewing the hard copy indisputable evidence. He never interviewed any of my witnesses, he never looked into financial records for bribes, he never interviewed my Drs. His opinion was based on what I verbally told him and what Sheriff Weber verbally told a third party. Had he reviewed the evidence he would have discovered whatever the Sheriff stated was false. How many cops tell the truth, 0. They are trained to lie. This sheriff was trained by a mentor that has repeatedly made false statements about me. I have requested evidence to support what he has said, but there is none.
To anyone who has contact or the ability to get FBI Deputy Assistant Director Calvin Shivers a message from me to him.
Officer Calvin Shivers,
I received a letter signed by you yesterday in the mail. It was a response from an inquiry on my behalf from Congressman Dave Loebsack. This content of the letter you sent dated 3-2-2019 is irrelevant. I stressed to the Congressman that I was requesting an independent investigation, or from an unbiased Federal authority. The information you are referring to is based on hearsay evidence. That hearsay evidence was tainted from the facts regarding my complaint by Lee County Sheriff Weber. I have hard copy evidence that supports this is a fact.
Any information given to you has no evidence that supports it to be factual, if it does I have indisputable evidence to prove what you have been given is fabricated.
I have utilized several resources to attempt to reach you. I am confident that at least one of those attempts have been successful in reaching you. I am publically requesting that you contact me personally. The evidence I have supports in the least obvious incompetent investigation into my complaint. Unless hearsay is now an acceptable source of evidence, it is not submissible in a court of law. Every reasonable citizen has that knowledge. The agent investigating my case clearly does not have that knowledge. The agent investigating my case did not have the knowledge that private property rights are Federally protected rights. The agent investigating my case wasted taxpayer money for travel expenses to come to my home specifically to review the hard copy evidence I have in my possession. Upon arrival 14 months after I first contacted him, he advised me that he had no intention of reviewing the hard copy evidence that I had laid out in a manner that it could easily be reviewed. The only logical reason he would refuse to review valid evidence in my opinion is that he knew my evidence supported my allegations. By refusing to review that evidence he could stand proud behind the blue wall of silence and protect those who actions have intentionally caused me serious physical and financial damages. They have committed serious criminal offenses against me. In violation of a civil court order these corrupt officials are not going to resist being held accountable for their crimes. SA Thomas Reinwart had clearly made up his mind to support the corrupt local officials before he ever entered my home.
There is no way that I am going to drop my complaint at least until I know for a fact that a competent investigator has reviewed the hard copy documented evidence that is indisputable. I expect my rights to be recognized as every other citizen takes their rights for granted. I certainly do not expect this degree of local corruption to be hidden and supported by any Federal authority.
The FBI makes it quite difficult for any one on one conversations with a competent official. I have repeatedly tried to file a formal complaint against this particular agent and have yet to discover what the process for filing a complaint is.
Officer Shivers, I am requesting that you telephone me, email me and would prefer a meeting between the two of us. As I tried to explain to the SA this case is to complex to verbally tell the facts to anyone. That’s the option he allowed me to have. He asked that I verbally tell him what Federal violations of the law occurred in a physical attack committed against me for over 5 years. He gave me 2 1/2 hours to tell him a story that took me six years to put in chronological order filling for large 3 ring binders. The entire time I was attempting to explain what had occurred he was steady checking his watch, apparently he was to tight on a time schedule to hear anything I was trying to explain to him. When he left I believe he had three notes written on his notepad.
Now I will travel to your location if need be. I have more information to submit to you however doing so in a public setting could put my life in danger, and I don’t think anyone wants anything bad to happen to me, do you? I have given you my email and phone number though the linkedin message. I do not care when you contact me, day or night. It takes a special kind of officer to cross the blue line of silence, but somebody with honor and integrity will do it and be honored for upholding his or her oath.
Request to the general public to pass this message on to Deputy Assistant Director Calvin Shivers asking him to contact me asap. URGENT!
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
Ok, here is the scenario. A city clerk forges information to a building permit that has been of file at City hall for well over a year. The fraud is committed to conflict with information a witness had already confirmed in a letter written by an expert in his field as a the County extension agent. Over time the clerk also altering an ordinance. The clerk also fabricated an ordinance for one specific resident. The victim spoke to the newly elected sheriff about the multiple counts of fraud committed by this city clerk. The sheriff indicated he wanted the victim to receive justice. He advised the victim that he personally warned the city clerk to remove the Cities webpage. This page contained the city council meeting minutes beginning in 2005. The sheriff then advises the victim that he is powerless to intervene in a private issue.
- Is fraud a criminal or a civil offense when committed by a City employee?
- Who has the duty to bring criminal or civil charges against a city clerk who has committed fraud on behalf of another individual.
- Is there any reason to justify keeping this employee on the Cities playroll?
- Is it possible that the sheriff is conspiring to allow this city clerk to get away with committing fraud and forgery due to a conflict of interest?
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.
According to the official website the FBI investigates cases alleging Public Corruption include
Fabricating evidence against or falsely arresting an individual also violates the color of law statue, 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 over steps or mis applies 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
(1) 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 and include the following federal crimes:
- Mail Fraud
- Obstruction of Justice
(2) 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.
My attack 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 were 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 re-graded the fill dirt he trucked in to direct storm water onto my property, he also changed the direction of the oversized 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 assessed 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 from law enforcement. When a good cop did know about unethical and criminal behavior those officers did not have jurisdiction in the City. Nobody could do anything for me in regards to upholding the law, everyone who wanted to violate the law against me did just that. 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. Due to the fact that the only person with authority to assure compliance of redevelopment refused to address my concerns, perhaps the detective convinced the proper official that he did have authority. I do not have the answer as to why this occurred. I know this is not standard procedure used by this city in any other property redevelopment. Witnesses say the this building official questioned the blueprints in regard to the planned position of their new structures when submitted to him for review. There is a manual for reference at City Hall for building officials to refer to in following standard procedure. Building official Holland has had this duty for many years. He knows exactly what he is supposed to do.
For whatever reason only Mark Conlee has been held above the law in every illegal act committed against me.
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. The evidence will show his intent was clearly use his position to for personal reasons and to try to cause me financial harm by using his 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, forged 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 this neighbors attack on me.
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. This is a violation of Federal Law.
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. This was torture, a violation of Federal law
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. There certainly was nobody willing to enforce the law to make him stop.
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 warned 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. A 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 libel 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 libel 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 storm water 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.. 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.
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.
What about this situation am I not understanding? I get no response from those who are supposedly experts in this field. This is one example of many that I understand clearly to be a violation of Federal Law.
In my mind is a not questionable. Why am I mistaken in my conclusion? Include references please as the local law enforcement have been far less that honest in anyway in their involvement.
So my neighbor was putting chemicals on my property for an extended period of time, right?
That act is described as trespassing, right?
I requested an incident report stating that I had verbally told the neighbor to cease and desist the the day I noticed the chemicals from the Police chief, right?
The police chief did not act in a timely manner, 16 months is not acceptable by any reasonable person to receive a request for a document, right?
The neighbor in the mean time sued me because I installed a privacy curtain, claiming loss of enjoyment of his property, right?
The civil court dismissed his case citing my right to enjoy my property, right?
The neighbor violated that court order without missing a beat, right?
I notified in person the county attorney that I wanted to file a complaint against this neighbor/council member and the city clerk bringing with me the evidence that proves my allegations, right?
I was denied filing a complaint against this neighbor by the police chief and the county attorney, right?
The right to enjoy property is a Federal law, right?
A criminal conspiracy exists when two or more people
agree to commit almost any unlawful act then take some action toward its completion. The action taken need not itself be a crime, but it must indicate that those involved in the conspiracy knew of the plan and intended to break the law. One person may be charged with and convicted of both conspiracy and the underlying crime based on the same circumstances.–
For example, Andy, Dan, and Alice plan a bank robbery. They 1) visit the bank first to assess security, 2) pool their money and buy a gun together, and 3) write a demand letter. All three can be charged with conspiracy to commit robbery, regardless of whether the robbery itself is actually attempted or completed.
The “Agreement” Requirement
You might be wondering how exactly the agreement between two co-conspirators actually takes place. First, the agreement does not need to be expressly conveyed. For instance, in the above example,Andy isn’t required to tell Dan and Alice in unequivocal terms,”I agree to commit a conspiracy with you,” (although, that statement would surely be a prosecutor’s dream and strong evidence of a criminal conspiracy). Instead, the agreement may be implicit or shown by the action of “two or more guilty minds,” as required under common law. Examples of evidence of an implicit agreement can include the appearance of the co- defendants at transactions and negotiations in furtherance of the conspiracy such as a planning meeting It is important to note that courts have found that mere presence or association with those committing a crime doesn’t, by itself, make someone a co-conspirator unless there are other factors that collectively point to an implicit agreement.
The Element of “Intent”
As with other specific intent crimes, your intention means everything. But that’s not the only intent the court will care about. Not only does one other individual in the conspiracy need to intend to agree, all parties must intend to achieve the outcome. Simply put, knowledge of a crime isn’t enough to get you thrown behind bars. For instance, just because your friend tells you he is going to burglarize a house, doesn’t mean you are part of the conspiracy to burglarize it. Not unless you also agree to help by acting as a getaway car or helping him scope out the property ahead of time.
A conspiracy conviction can yield some pretty tough penalties depending on the underlying crime. You can be punished for both the conspiracy and the actual crime itself if, it were completed. For example, if you are charged and convicted of conspiracy to commit robbery and the actual crime of robbery, you may have to suffer the consequences of both. Additionally, in some cases if you are convicted of a conspiracy to commit a felony, you may have to serve a mandatory minimum sentence.
So what is different about my evidence that is would not be considered a criminal conspiracy between the neighbor and the Police Chief, and the neighbor and the County Attorney? I see just this part of the attack against me as a conspiracy against my rights. And since it was committed by officers of the law, why would this not be considered Deprivation of rights under color of law
crime (krim) n. ca.1920. An unethical or immoral act against fellow man.