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intentional negligence tort

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songboat

Member
What is the name of your state? Iowa
To who is may concern,
I first voiced my concern about how Mr. Conlee’s new home construction my have adverse effects to my property early in 2004, as I could clearly see he was directing all storm water runoff toward my property. He trucked in I estimate 100 ton of fill dirt. He was doing dirt work preparing for the foundation of his new home; I approached him and told him I thought we needed a ditch between our properties. He did not respond. Knowing there were laws that protect neighboring property owners I let it go, I assumed that at some point the would install some type of drainage that would direct storm water toward the city ditches. I knew when he was doing the final smoothing of his front yard that he intentionally diverted all storm water runoff to me.
In early March 2005 I went down to the cellar, crawlspace area of my home to change some telephone lines and saw that damage had already occurred to my property. Having to accompany my son out of town for surgery the next day, I immediately attempted to construct a temporary diversion wall of plywood staked along my side of the property line to protect my home while I was out of town, as the weather forecast predicted severe thunderstorms and heavy rain during my absence. As I was doing so, Mr. Conlee approached me and asked me what I was doing. I proceeded to tell him that by him removing the existing driveway, which had been in place since 1972, and grading his property from the alley down toward my property had resulted in foundation damage to my home. His next comment was that I could not put a temporary diversion wall along the line that I had to move it back. Which I promptly did. He responded, “He hoped it would rain, so his grass seed would germinate and he was going to install a fence right down the property line. I was flabbergasted by his total disconcert to any of problems or damages I had resulting from his new construction. I again told him that we needed a ditch between us. He informed me that he did not want a ditch on his side of the property line. I made every effort to remedy this situation myself, bartering a ditch to be dug on my side however the person who was going to barter with me changed his mind ,as he did not want to be liable since Mr. Conlee was adamant about not wanting a ditch on his property.
After returning from my son’s surgery, it was suggested to me that I put railroad ties down my side the property line that would divert the storm water down the ties and eventually erode a ditch down the line. Which I did. It however, is only a temporary fix as in time the wood ties will rot and I will again have damage due to his actions.
I requested city officials to come over and access my complaints, they literally refused. I believe the city is negligent to say the least.
This is nothing less than special fovors for the good ole boy network of small town politics.
 
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FarmerJ

Senior Member
If your town has a specific ordinance that says that nieghbors cannot change things in such a way that water is forced to drain onto other nieghbors property and the local government is not enforcing the code then make it clear to your town council members in writting that theyall can be replaced at the voting both and if they dont see to it that the town enforces actual codes that your going to make a huge stink with the media and do everything you can to see to it that they get replaced including running for the seat they hold and making it loud and clear that your doing it because they arent doing a good job of following the towns codes , NOW if your town doesnt have code addressing the issue but your county does then go after your county board the same way as if it was a town council person. Do also get proof of the damage to the home by getting in professionals to give you written estimates of the repair and if possible statements in writting as to the causes, then go see a atty. to have her/him review all your documentation. Remember to stop using the phone when you contact officials keep it in writting sent via certified mail. then they can never claim they have no idea of what your talking about.
 

songboat

Member
updated information

I just looked at our online court search. DISMISSED PER COURT DISMISSAL - OTHER THAN SMALL CLAIMS was entered today. What does that mean? I can't quite understand what this means. I have not signed off on anything. If I lose I guess the 2nd amendment will be my appeal. lol!:confused: Iowa court search- conlee vs boatner
 

Ohiogal

Queen Bee
songboat said:
I just looked at our online court search. DISMISSED PER COURT DISMISSAL - OTHER THAN SMALL CLAIMS was entered today. What does that mean? I can't quite understand what this means. I have not signed off on anything. If I lose I guess the 2nd amendment will be my appeal. lol!:confused: Iowa court search- conlee vs boatner
the case was dismissed. There should be an order you would receive stating the reason why it was dismissed and whether or not it was dismissed with prejudice. It could be that you have no grounds to pursue a case. As for the 2nd amendment -- do it and go to jail.
 

danno6925

Member
Songboat: There's nothing illegal about packing a fully licensed pistol on your private property. Just make sure you're FULLY LICENSED to do so - Most states have permit to carry laws. Check w/local law enforcement about obtaining a permit
 

songboat

Member
Farmer, a state law, perhaps a federal law, says you cannot divert more water to your neighbor than before the new construction.
Ohiogal, why do I not have the right to bear arms? Against trespassers who have been told by me through my city law enforcement officer to stay off my property? I am not sure but wouldn't spraying my property with poison without my permission be criminal trespass? The offender has admitted to the spraying in writing.
Danno, thanks for the moral support! I guess I am not up to date on my gun laws. I have a gun, I know its not been used in a crime. It has its serial#. I know grandpa, dad and brothers carried their guns with them on their private property for defending the chickens and such from the coon, fox, and other such animals. Of course they were not in the city limits as I am. Do you mean "gun permit" I have heard that term used. Do you generally get them from the City Hall? County Sheriffs office? I don't want anyone to know I really can't hit a gnat of a cows behind (left-handed handicap I got hit in the face at a young tender age from the ejected shell) I figured since it is well know I come from a family of hunters, and shoot a hell of a game of pool they might obey the law and stay off my property. I told the city marshall I was going to use my 2nd amendment rights, he never advised me of any licensing laws.
 
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songboat

Member
Courts figure nelegent "city" has deep pockets

Stormwater Regulations state that most lawyers will take cases against "cities on contingency fee basis. I aa not located in a area seems not to have many lawyers with this type case experience. Actually I can find none. How can I get this case out to the proper lawyers who would jump on this case for some big bucks.
 

eltheous

Junior Member
Investigate Technical Solutions

I'm no expert, but how about calling experts in the phone book (even long distance) and ask how to redivert the water (possibly even farmers who do irrigation would know). They'll probably talk for 5 minutes for free. Possibly you can build a ditch and fill it with drainage piping, and or gravel and cover ditch up again (double check to see if this would work properly). If you believe in self-help justice like me, tunnel under his land and do the drainage there. Also, is it possible to submit a claim to his insurance carrier without suing? If you choose to build a ditch on your land and he sues, won't the court side with you? Just wondering. Good luck.
 

songboat

Member
redirert water

In the beginning I contacted state officials and the referred me to the County Ext. Agent. He came down (no city officials would) and wrote a letter to the mayor telling him what he suggested to remedy the situation. He was also a witness in the civil case against my neighbor. He happened to be a resident of the same town and he wrote that he was also wondering why when he built a new garage the building administrator came to the site before and after as they generally do. He wondered why he had to pay a fee for the permit but my neighbor did not. I had bartered a ditch with a guy who had access to the equipment to do so, but without a survey he backed out becasue the neighbor told us both he did not want a ditch to be on his prop[erty (I thought down the prop. line would be reasonable.) I also have trees and grape vines that are well established (10 yrs) that would be in the way of digging equipment and have to come out. The neighbor had nothing established, he had seeded his lawn, it had not germinated yet. I am going to appeal the desision. Where I am located I have little access to a lawyer with experience in this type case. That is what I am searching for now.
 

songboat

Member
I have to file and represent myself

The private case was dismissed. I got robbed. My attorney did not represent my best interest at all. The laws a clear and simple as to new construction laws. The purpose of building permits. Trucking in fill dirt and regrading , guttering stormwater drainage. No question about it, that has been confirmed in numerous issues. 2 weeks after the decision was filed the City filed a suit against me for the same allegations that had been dismissed. I represented myself in that case and I think I presented my defense my evidence was documented by facts. The judge did not blink an eye as to my case. Conlee was elected to the City council in January 2006. He went to city hall every afternoon after I told him I was going to file a nusiance drainage case against him. This town has a population of 900, I would estimate that 750 of us were born and raised here, You would be hard pressed to find someone who is not related to a relative of someone else. The city had never adopted the State codes, we all respected each other for their individual lifestyles and it made for many years of folks with high regard for moral values. With Conlees new position on a council of 5 members and the Mayor. The first meeting he asked for a vote on adopting the nuisance ordinaces, the council voted for it. He then suggested a nusiance committee be appointed. He and 1 other member were appointed. The other member resigned her seat on the council due to her husband being diagnosed with cancer. He recently past away. Upon her resignatiion Conlee was the sole member of the committee. I believe this to be a conflict of interest to say the least. I believe there are grounds for filing harrassment, defamation, negligence and ethical complaint against the City. The Iowa Public Officials Act seems to me to be relevant to my situation. The court rulings say it all. Do I file 1 case against the city for all my allegations? How do I know if the private case was dismissed with or without predjudice, I do not see it written anywhere as to that. I have proof of trespass by Conlee, does the County Attorney have the duty to represent tresspass? Is that a criminal charge?
 
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