Nonconforming Uses, aka; Grandfathered Use in Zoning

nonconforming use is generally defined as a land use or structure that was legal when established but does not conform to the standards of the current zoning ordinance. The term“nonconforming use” actually covers several situations, including nonconforming uses, lots and structures.

Pre-existing land uses that do not conform to current zoning are not favored. The ultimate goal of zoning is to achieve uniformity of property uses within each zoning district. At the same time, landowners have made investments in their businesses and buildings, and it would be unfair — not to mention illegal in some states — to require immediate termination or removal. Rather than require the immediate elimination of these preexisting uses, the zoning ordinance will outline a set of conditions for the continued existence of nonconforming uses.

Although state courts apply different interpretations to local zoning codes regarding nonconforming uses, the expansion, enlargement or intensification of a nonconforming use in almost all cases can be regulated or prohibited.

Resumption of a nonconforming use or structure after it has been destroyed may be prohibited in some states. In other states the right to re-establish the nonconforming use exists. Zoning ordinances traditionally have set a specific threshold– for example, a percentage of assessed value — for defining what constitutes destruction, and courts generally defer to the stated threshold. Again, the principle is to allow landowners to continue to reap the benefits of investments made in their properties. If those investments have been destroyed, however, the community may or may not have an obligation to allow a landowner to reinvest in a use prohibited by current zoning.

To prevent nonconforming uses from becoming blighted properties, zoning codes generally do allow for routine maintenance and repair, so long as such activities do not constitute expansion or enlargement.

Once a nonconforming use has been abandoned, its resumption can be prohibited. Most ordinances state a time period, usually six months to a year, that creates a presumption of abandonment if the property is not used for that period. Some states do not allow just a passage of time to establish abandonment. The issue of what constitutes abandonment is one that is generally the subject of much state court case law, with some courts requiring that an “intent to abandon” be shown before the nonconforming use is considered to be terminated. The intent to abandon may be something like a list of criteria, in the zoning ordinance, from which “abandoned” is established from a preponderance of facts about the particular situation.

Gary D. Taylor,

Iowa State University

6-1-2002 Original Property Layout
Original Property Layout Lots 1-6 equals six 1/2 lots.
after redevelopment aerial shot (569x291).jpg
Conlee’s nonconforming property redevelopment after completed.

Behavior so outrageous no reasonable person would do, this behavior was condoned by an entire enterprise of local government authorities.

  • These crimes were committed by my local government officials. I have been denied the right to speak locally at a public forum. My case is complex and unprecedented. It is true that chemicals were used unlawfully on my property with intent to cause serious injury. The chemicals did cause serious injury. Had I not chosen to be forced to flee and remained on my private property I would have lost me life to the illegal chemical exposure. This is nothing short of attempted murder. The motive for  these local government officials to commit the criminal offenses they committed  was on behalf of one person. One of them had to acquire my property. He illegally redeveloped the lot that he purchased from the mayor. With no regard to the State building code and drainage laws.  Illegal issued building permits by the city building official. He chose to build nonconforming structures. I complained after the second structure cause damage and loss of value of $10,000 to three undeveloped lots of my property. The building official refused his duty to address my concerns. He issued 3 more building permit after my complaint. When this neighbor went to have the redevelopment recorded on the county plat map he was denied. Too much square footage of structures for too little square footage of property. He determined the remedy was to acquire my property.  I had purchased my property in 1995. This property  provided my home and my livelihood. I operated an upholstery shop from that location.

    The plot began by defaming my character by this neighbor’s brother who at the time was an officer for the County Sheriff’s dept. Soon after he was promoted to Detective. With that he knowingly made false statements that I was associated with illegal drug activity over the police radio. He was stalking me and if the truth were known I would bet that is the cause for this high ranking officer to retire and take a full time job driving a school bus.  Before long the entire community believed that I was going to be busted for illegal drug activity. Anyone with common sense would have realized that the drug task force does not leak any information of that type to the general public. I was never concerned of being busted for any illegal activity. Then defamation of my character was began by a family member, stating that I was crazy, this is the same person the detective was claiming I was associated with in the alleged illegal drug activity. I defended my property against the massive amount of storm water that was intentionally diverted onto my property from the illegal property redevelopment. This was foreseeable by a review of the blueprints by the city building official, required by the State before a permit is ever issued. When the neighbor began unlawfully applying toxic chemicals to my property I could not defend or defeat those. They took me from happy and healthy to a state of unable to function in a rapid time period. I suffered for five years believing at some point somebody would step up and protect my rights, they never did. Even in spite of a civil court order citing my right to enjoy my own property. This neighbor had no concern of ever being held accountable for his trespassing, his intent was to cause me physical harm or death. He was determined to acquire my property at any cost. He had to eliminate me. Evil has won so far.  I have always been one that will take the short end of the stick just to avoid confrontation. I do not have that mindset today. I feel like these criminals are going to get away with the brutal attack they made on me. I feel it is my duty take up arms against my oppressors, I have been more patient than any reasonable person could expect to be.

     I hired an attorney to sue the city for the nuisance drainage issue the redevelopment caused to my property, prior to the use of chemicals. There is a nuisance drainage ordinance that was ignored by the city and my attorney in my defense. He sent a letter of intent to the neighbor the following day. I hired him to sue the city as they are the libel party, he is the one who advised we would sue both the neighbor and the city, adding the city is where the money is at. I already knew that. That is why I hired him to sue the city. He never did anything in my behalf after the letter of intent. He never filed a complaint against the city. He never filed the injunction as he stated in the letter. He took my money the first day we met specifically to file the complaint against the city. that was in May. In Sept. i get served papers that the neighbor is suing me for, get this, loss of enjoyment of his property. Between the time my lawyer sent the letter of intent and I got served from the neighbor I developed the “rash”, my attorney knew about it. He advise he would file a counter for the drainage, when I handed him my list of witnesses his jaw about hit the floor, he stated “this witness list is compelling in itself” which I already knew. Throughout this time he assured me he did file the complaint against the city. I admit I was naive. I had never needed an attorney before. I requested the attorney to come to the location and review the situation. He declined, again with a snicker stating that he did not need to see it. I took that to mean he had this case in the bag, he definitely had the evidence.  In hindsight perhaps he declined looking at the situation because he is morbidly obese. He needed to set of three or four chairs in the courtroom. There are complaints filed against him by the ABA. A year later when got to court. The neighbor committed multiple counts of perjury, my attorney was well aware of this, he was also aware that the judge misquoted the testimony of his only witness. My witnesses all took the stand even though we all thought they would be testifying against the city. My attorney never asked one single question of any one of my compelling witnesses, not one. When the first witness stepped down from the stand I asked my attorney why didn’t he question him, his testimony was very relevant in regards to the existing berm that was illegally remove, increasing the storm water runoff. My attorney advised me that the judge uses his own common sense. Now I might be naive, but I am not ignorant. A person must be given relevant information to make a sound judgement. It was the final day of that civil case that I asked him “what about the city” he advised me with a “snicker” that he did not want that case any longer. No attorney is that incompetent and passed the bar exams. He clearly did not stand behind his oath to represent my best interest. He sent me a final bill for $4,000. I made a complaint against him to the bar assoc., they determined he had not misrepresented me, but he never sent me another bill. The fact that this neighbor offered me two out of court settlements, had they been submitted to the court, is evidence of admission of guilt. How often does a plaintiff offer out of court settlements to the defendant?

    The judge in that case dismissed both complaints citing my “right to enjoy my own property”. He ordered that we split the court fees. I have never paid my half, hoping I would get a bench warrant and access to the judge again but I know that is not going to happen. My attorney did not submit the written affidavits or the photo evidence. I was advised by an online contact to go to the courthouse and see just what he did submit, he submitted nothing. I had the case covered against the city, the was no defense to the behavior these officials  displayed. My attorney did not have to do any leg work. I only needed someone to present it to a judge.

    With the dismissal of his case against me the neighbor decided to get on the city council and use his position to continue his vendetta against me. This was a all planned, to allow this neighbor to acquire my property. The police chief did every he was told to do by this neighbor, not according to his duty to enforce the law. He was given the opportunity to resign with a good recommendation to the next department that hired him or be terminated within the year. I understand his resignation was related to ethical behavior. With the County Attorney actively conspiring against me the only option I have left to my knowledge is the FBI. I have contacted every agency, organization and individual I can find. All agree that I have been violated but none seem to have the authority to hold accountable. Senator Grassley has requested two congressional inquiries into my case, no Fed authority has ever reached out to me. I on my own have multiple times called the FBI only recently have I made any progress at all. An agent has agreed to meet with me to review my evidence, but every week he or I have had to canceled, last week he told me that it will be a couple more weeks before he can even consider having the time, I told him the evidence I have takes a good 12 hours to review. He advise that he has no intention of spending 12 hours reviewing my evidence. So how can you determine the status of a case without reviewing all the evidence? I ask myself. He had an attitude from the get go, He seems to have grasped some of what I have told him. I know that reality all the law enforcement have the blue line syndrome, to protect other officers. I have no expectations of anything coming from the half-ass review of my evidence.  The most recent act of conspiracy was in April when the newly elected sheriff told me that he went to city hall and WARNED the city clerk that an investigation was happening, I am not aware of any investigation happening. I asked him what she said and he told me that she told him she didn’t know what he was talking about. By the weekend the city’s webpage had been taken down. The web page contained all the council meeting minutes from 2005 to date. The sheriff conspired with the clerk to suppress evidence. He also told me his guys were investigating my allegations. I have heard no more from him. How much intelligence does it take see that document fraud has been committed by the city clerk, the forgery looks like a kindergartner did it. That is just one count of fraud she committed, do you have the link to my site https://poisonedbymyneighborfromhell.com  

    I knew I was dying, the chemicals he used are lethal, he had been using chemicals on my property for a year before being elected to council. After that he assumed he had the authority to act as the position of street department director. He does not have that authority. The city doesn’t have insurance to cover anyone but the actual street dept. employees.  A neighbor two properties down contacted the EPA.  They only got involved because after he was elected to counsel he decided to apply chemicals to the city easement of my property. Not thinking about it being the point source of a creek that feeds into the Mississippi river. He has connections with the local agri supplier. They would not test our common boundary as I requested. I believe he used something they still had around that has been banned the first year. I believe that due the the rapid effect it had on my health. I was disable in the first year. His intent was to acquire my property. no holds barred. The police chief told me once that he did not want to make this neighbor mad by filing any complaint against him. I needed a trespassing complaint filed if I were to ever get protection from the law. What the heck kind of statement is that, afraid of this guy to the point that he can kill me with illegal application of chemicals? I don’t get it. What is so special about this guy, beside the fact that he is vindictive and a habitual liar? Not one person upheld the law in this case. The county attorney recently retired. I read something about the statue not starting until a violator has left his position, do you know anything about that. I have a limited formal education. I am an upholsterer for crying out loud. It is not my job to protect my rights its the job of the city and local police. Sorry but if someone will listen I am compelled to tell what I can squeeze in. Not one person has given me the opportunity to present my case. Only me and this neighbor know the entire story.

  • I contacted many reputable attorneys in Iowa since the first one threw me under the bus. All agree that I have a case. All had the same reason for not taking my case. They simply do not have time to dedicated to such a complex and unprecedented case. I understand that, but I do not and will not be the only victim in this situation. I have been as patient as anyone can expect. On behalf of my dad I can not let them get away with this. I will do what I feel necessary to expose this enterprise of criminals. Please share with any contact that may have a contact, I really do not want to take the law into my own hands. I want the system to do their job. I am losing hope that will happen. No person has ever been subject to intentional chemical exposure. The law of trespassing has prevented this from happening to anyone else. This is typical to my life. I have been bullied my entire life. This was so significant I cannot simply walk away. Do you understand how I can feel this way?The current county attorney along with several other experts have advised me that this is a case for the FBI.

    The city clerk has a conflict of interest. The storm water management manual is put out by FEMA, her husband is the County Fema officer, He would have been the expert for me to go to when the city failed to enforce the nuisance drainage ordinance against this neighbor. But due to the conflict of interest I got an expert opinion from the Lee County Extension officer Robert Dodds. Mr. Dodds came to the location, took photos and wrote me a letter answering my questions, he also sent a copy of the letter along with the storm water drainage laws to Mayor Dinwiddie. It was Robert Dodds who noticed that no fee was charged to this well connected neighbor for his illegal building permit. I noticed that the building official issued and approved the permit and he signed it, however it was missing the most relevant thing that alleviates the city’s liability, the builder’s signature. Mr. Dodds happened to live in Montrose to, I did not know that until he came to the house that day. He came out of professional courtesy. The building official had the duty to address my concerns and stated to a council member that he had no intention of addressing my concerns. You are familiar with legally nonconforming properties right? They have very strict rule when it comes to redeveloping those properties. This guy was completely allowed to disregard any rules, he built a two story garage oversize to the degree he altered the direction of the roof surface so that it diverted all storm water directly onto my property. You are required by law to divert storm water to the city drainage ditches, that is the standard procedure whether we are talking about typical or nonconforming property. He never installed drain tile around the slab. I was told that the reason he was building such an over sized nonconforming structure was because he intended to build a living quarters in the upper level. The next spring there was a suspicious fire, that destroyed the small existing double-wide mobile home. I called the State arson hotline. But when the Fire chief is also the building official what are the results going to be? He was issued a permit to build an over sized new home, again both of his structures are illegal. The new home he also had to squeeze onto the property, he altered the roof with this structure also to divert all storm water onto my property. He illegally removed an existing berm, regraded his lot so that all storm water from his entire lot diverted onto my property. All of this is illegal. The permits are illegal. The building official continued to issue three more building  permits to this guy who is above the law. In fact when I first notified the building official that there was a problem with the drainage it was not the city building officials who arrived at his house, it was his brother, a detective for the Lee County Sheriff’s office. This detective has no authority to act as anything in the City of Montrose, he has no jurisdiction in the city. He sure has no authority to act as the building officials. That amounts to a conspiracy as defined by law. I have no authority to prosecute criminal offenses. When Mr. Dodds sent the letter referring to why he was charged $97.00 for a permit for a garden shed, he questioned why this neighbor was charged no fee for the permit for his new home, not to mention the lack of the builder’s signature. The following year the Mayor never ran for election. He began building a beautiful new home on the riverfront. He was the Mayor for 8 terms. He sold this property adjoining mine and hauled butt on my complaint. Not that he was ever considering actually managing the building official to do his job and remedy the drainage issue caused by the illegal redevelopment. This neighbor suspiciously was elected to council. This needs to be investigated as I do not believe the timeline for being a candidate was enforced.

    My only duty for a remedy to the drainage was to report the nuisance drainage issue to the building official. Knowing that the previous Mayor most likely did not forward my complaint to the new Mayor I again went to the city council meeting to address this drainage issue again. The neighbor newly elected council member should have been excused to leave the room due to my complaint being about him, but that did not happen. I mentioned to the council that the building permit for the new home showed no fee had been charged. The neighbor sitting as a council member and the building official at the same time spoke up and stated there was a fee paid for that building permit. I knew at that moment document fraud had occurred. A person does not need a degree in criminal justice to figure this situation our. A need for common sense is required. The next day when I knew the clerk was at lunch I went down to city hall and got a copy of the permit that was now on file. Sure enough to contradict the information Mr. Dodds had mentioned in his letter about no fee was charged there was now a fee amount shown on the permit. It looks like a kindergartner did it. It is a criminal offense however and I do not have the authority to prosecute criminal offenses. My point is why should these people not be criminally prosecuted by the justice system for their criminal offenses? The clerk committed multiple counts of fraud on behalf of this well connected neighbor/council member. Generally civil cases come after criminal cases, such as OJ Simpson for an example. The use of chemicals was intentional to cause me serious injury. The evidence leaves no doubt about that, it is a fact. That is defined as terrorist acts by law. A Federal agent should be anxious to investigate a case alleging public corruption since it is listed as a high priority for the DOJ. I may be wrong but it takes a prosecuting attorney to file criminal complaints against citizens, doesn’t it. Perhaps that’s the reason no attorney would respond. There were attorneys interested due to the detection of Roundup but I had to be diagnosed with cancer or dead first. They were interested in suing Monsanto. If given the opportunity to present my evidence to a higher authority they would know that I had no authority to do anything to stop this criminal enterprise. They conspired to violated my rights in every way. They used chemicals to acquire my property. For crying out loud how can that be acceptable and not deprivation of rights under color of law. I am not skilled in presenting information with computer programs, the slideshows I put together are pretty good in understanding I have been told. Did you have the opportunity to view them? You do understand in summary all my asset are gone. I was blind until 2012 when I was accepted for disability and was able to have my vision restored through medicaid program. Three of my undeveloped lots lost a value of over $10.000 do to the drainage.You are not allowed to do anything to your property that causes a neighboring property to lose value, that is illegal.

    My credit rating was 760 prior to the intentional chemical exposure. I did the Suzie Orman thing. I practiced preventive medicine. I had enough saved to last me six months without income. I had a successful self employed business that I operated in the workshop that I customized just for upholstery work. I did everything according to Hoyle. Now I live on $730.00 p/mo. I had my property paid in full. I have to pay rent out of my monthly check. There is nothing right about what they put me through. It was torture.  He could not have accomplished this without the assistance of these local city and county officials. The evidence supports Conspiracy against rights and deprivation of rights under of law.

The Law of Nonconforming Uses

via The Law of Nonconforming Uses

 

 

in the circled area Value is handwritten $40,880 Fee $ is blank. The issue date at the top is 7-12-2004. Complainant had only noticed that this permit was invalid due to no Builders signature. Clearly Building Administrator Holland was intentionally negligent at least for his lack of oversight and pre-approval of issuance of this permit
0005Celeste Cirinna, City of Montrose Exec Manager.pptx
Original building permit altered to conflict with the information contained in the letter written by Lee County Extension Agent Bob Dodds.

Please Explain what is Missing in this Being a Violation of Federal Law

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​ mus​t ​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.

Penalties

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

Thoughts please.​

crime (krim) n. ca.1920. An unethical or immoral act against fellow man.

9-5-2017 To whom it may concern,

To whom it may concern,                        9-5-2017

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

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

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

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

According to the official website the FBI investigates cases alleging,

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

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

Significant Racketeering Activity

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

  • Mail Fraud
  • Obstruction of Justice
  • Arson

 

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

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sincerely,

 

 

 

 

 

 

 

Former Lee County Attorney Michael Short and Chief of Police Brent Shipman make a well formed militia, no way justice was going to be served.

         I am searching for any civil cases in which the plaintiff has filed a civil complaint alleging trespassing against the private party. I want to see any civil cases in which the plaintiff has filed multiple counts of fraud against another person. I want to see any legal action in which the plaintiff has filed a civil case alleging the defendant has committed a criminal offense. I came across the document above when I believe Lee County Detective Bob Conlee was attempting to set me up for a drug bust. If you would review Lee County Attorney Michael Short . Short  advised me that “he” would decide who gets prosecuted in Lee County, Iowa. He wasn’t kidding he was willing and did everything needed to protect Mark Conlee in his unprecedented illegal actions against his neighbor.
Most of you have the common knowledge of the laws and rules a Sheriff has the duty to provide to the citizens in their County described below. I am still waiting for the results of an investigation into my allegations as stated by then County Attorney Mike Short and current Lee County Sheriff Stacy Weber. Weber has a conflict of interest that is next to none according to the record. He certainly learned from the best of the best as former County Detective Bob Conlee is described as his mentor. His reason for getting into law enforcement as a career choice.
Working with Federal and State Legislatures to create laws providing safer communities

The SHERIFF is the only elected Law Enforcement Officer in the State of Iowa.

THE DUTIES OF SHERIFF INCLUDE:

  • Execution and return of all legal civil papers
  • Enforce the law of the State of Iowa
  • Enforce County Ordinances
  • Conduct criminal investigations
  • Provide Law Enforcement services to the Judicial Court System
  • Supervise all jails and the custody of incarcerated offenders
  • Maintain the Sex Offender Registry
  • Patrol all areas of the county
  • Respond to any and all disasters within the county
  • Assist other Law Enforcement agencies
  • Sustain Iowa VINE for Victims
Mr. Short failed the citizens of Lee County to a serious degree beginning in filing two criminal complaints against me on behalf of his number one colleague Detective Bob Conlee and his brother, Mark Conlee. The complaints were clearly frivolous and fabricated.  There is no existing law against giving the middle finger to another person.
6-26-2007 State vs Boatner, second Complaint on Conlees behalf .jpg
Harassment, (simple misdemeanor) defendant with intent annoy another person by flipping the middle finger, continuously.                                                                                                                  County Attorney and Chief Shipman are acting as puppets on Mr. Conlee’s behalf. Denies legitimate allegation with hard evidence supporting Conlee was continuously applying chemicals  unlawfully to Boatners property with intent to cause serious harm.

 

 

7-2-2007 summons State of Iowa vs Melody Boatner .jpg

This is an example of the standard procedure followed in any action in this “criminal” case. There was no local government official willing to honor their ethical oath. They were all completely devoted to Mark Conlee’s goal to acquire his goal. It was like they were hypnotized. I know full well that the County attorney should know what is a criminal violation and what is a fabricated law. Chief Shipman scratched out the last sentence as I advised him there was no law preventing a citizen from having two licensed, insured vehicles on their private property. Mark Conlee used his position as council member to push past any recognition of ethical standards. I feel like I have been raped by these public servants. I will never be the person I was prior to the physical assault by this gang.in their quest to acquire my property. No holds barred, they were intent on this goal. I was unable to assert my rights to save my life.

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

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

This situation is not difficult to understand.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Melody Boatner

https://poisonedbymyneighborfromhell.com