March 24, 2005

Notice of Intent to file Federal Civil Rights Lawsuit Against City of Granby, A Municipal Corporation, City Agents and Employees, and Non-State Actors under 42 U.S.C. 1983 for Violation of Plaintiff's Rights, and 42 U.S.C. 1985, Conspiracy To Violate Plaintiff's Civil Rights.

1. For the past month, Plaintiff has observed and videotaped Mayor Rick McCully and sundry Granby City Hall employees, especially Granby Police Chief Brandon Beshears, improperly and unlawfully violate Revised Statute of Missouri and their own Granby City Code, specifically 410.130 and 410.130's enforcement teeth 410.150. Plaintiff has listened to Mayor McCully lie evade, twist the truth past any common sense, and collude with Joe and Sherry Trehan to pretty much do whatever they please. Likewise Granby Police Chief Brandon Beshears has provided plenty of entertainment concerning why the Granby Police Department can and will harass the general public in their homes and upon the highways yet simply continues to pretend that property destruction, trespassing, and placing a mobile home before holding a hearing in which violation of that city code is a misdemeanor punishable by a $500 fine and/or 90 days in jail for each day in violation.

On March 14, 2005, Plaintiff called Mayor McCully to stop the violation of City Code 410.130. Mayor McCully and Police Chief Brandon Beshears have refused constantly to stop the code violations and to issue citations under 410.130 and 410.150. It was quite clear that Mayor McCully has in fact been engaged in a conspiracy to aid and abet this violation by telling Joe and Sherry Trehan that they could get around by belatedly filing a Notice of Hearing in the Neosho Daily News which they did on March 15, 2005. In this ad there is an admission against interest that they are putting in a 'mobile home.' Also, Mayor McCully lied to me on April 22, 2005 around 10:30 a.m. that this was adequate notice, when in fact ten days from March 15, 2005 is March 25, 2005, and thus an unlawful notice. Sherry and Joe Trehan have claimed that it was "none of Plaintiff's business when the hearing was held," when Plaintiff has an interest in this matter. And by Plaintiff having only been given notice after asking at length on March 22, 2005, notice has been effectively limited to less than two days.

On March 23, 2005, Granby City Hall refused to talk to Plaintiff about putting in a sewer line in advance of hearing, another violation of Municipal Code. Granby City Hall knows what is going on, but the people employed there are engaged in a criminal conspiracy to refuse to give out any information which might expose them to liability even though it was arranged nearly a month ago, according to the back-hoe operator and Granby City employees.

Police Chief Brandon Beshears refused to write up a ticket for the violation of City Code 140.130 under the enforcement provisions of 140.150, instead prattling on about 'criminal intent' as if he can divine criminal intent from poor people traveling lawfully upon a state and federal highway for no other apparent reason other than "Driving While Poor and White."

Therefore, Plaintiff has ample reason to sue this municipal corporation both jointly and severally for civil rights violations and conspiracy to violate civil rights violations in U.S. District Court under provision of 42 U.S.C. 1983 and 42 U.S.C. 1985.

2. Plaintiff has gone ahead and taken a poll as to the neighbors who will and will not vote, under an unlawful hearing held without proper or lawful notice at Granby City Hall at 11:00 a.m. at Granby City Hall on Thursday, March 24, 2005. Mayor McCully, who owns a rental house close to or outside 185 feet of the proposed lot at 239 Cobb Hill in which this mobile home is to be placed, has indicated that he will vote in favor of installing the mobile home, even though Mayor McCully has an interest in covering up his and the City of Granby's illegalities.

One neighbor was heard to gloat to Plaintiff that she loved how Joe Trehan had torn down Plaintiff's chicken house atop Plaintiff's root cellar on the property line because she "didn't like how it looked" and that she was going to vote in favor of putting in the mobile home after the fact of its placement because she liked the look of the new neighborhood. Plaintiff pointed out how Plaintiff's chicken house had been there for over 40 years, long before she moved into her house and probably even before she was born. Besides, the chicken house, or its rubble, couldn't be seen from where she spoke in any case. Plaintiff preferred the look of the woods rather than the raw earth bull dozed away. She said that she and her husband Jody were going to vote in favor of the trailer being placed there at the hearing. This while the sewer line had been dug and the cable repairman was fixing the cable cut while digging around 1:30 p.m. Wednesday March 23, 2005 after the trailer had been moved there. Plaintiff thought that it was foolish for others to rejoice in the unlawful destruction of the private property of others before witnesses and possibly on camera, but let it go. Plaintiff indicated that another neighbor was going to vote "no" because she and her husband were disgusted at the unlawful and deceitful antics of the City Hall and of Joe and Sherry Trehan.

Another neighbor, Sandy D., justified in her own jew-day-o 'Christian' mind the destruction of Plaintiff's chicken house on the one hand, and how it was lawful and just for someone to place a trailer house on their property in violation of the law. Plaintiff was simply mad because the person destroying Plaintiff's chicken house was putting in a mobile home and even if it was illegal to do so without first holding a hearing, this person was somehow justified in doing so, but not Plaintiff. Destruction of Plaintiff's property was justified according to Florida law, under which she studied, but since Plaintiff didn't know where the survey line was or the law of Missouri then Plaintiff was ungodly for insisting that the Trehans had to obey Granby Municipal Code. Of course she and her husband are in a similar position as the Trehans, having bought property with the fence made 15 years ago under an oral agreement between the previous owners being negated by the 2002 survey. These Rasputine 'Christians,' are under the delusion that being in good with Jesus gives them a right to steal, given that Jesus is in the forgiveness business. There simply is no arguing with such females and their self-justification mentalities.

These people are under some sort of delusion that they can vote in an unlawful hearing to 'legalize' something and not be held liable for their votes or the consequences of their actions. They are mistaken, and if they continue, might well be very very sadly mistaken:

Defendants who are not public officials are not immune to civil rights violation suits. "To act "under color of" state law for 1983 purposes does not require that the defendant be an officer of the state. It is enough that he is a willful participant in joint action with the State or its agents. Private persons, jointly engaged with state officials in the challenged action, are acting see "under color" of law for purposes of 1983 actions." Dennis v. Sparks, 449 U.S. 24, 27-28, 101 S. Ct. 183, 186.

Looking at the provisions of Granby Municipal Code 410.130, "at said public hearing, if more than 30% of the landowners within 185 feet of the land to which said manufactured home is to be located shall cause a written objection to be filed with the City, then and in that event, three-fourths (3/4) of the total members of the Board of Aldermen must consent to placement of said trailer on said property."

Plaintiff hereby gives notice of his intention to sue under 42 USC 1983 and 1985 any landowner caught voting 'yes' or any other vote than 'no' to this scheme of legalizing what are illegal proceedings after the fact at this unlawful meeting to be held at City Hall March 24, 2005. Under Granby City Code 410.130 and 410.150, this trailer home must first be removed from the lot, City utilities and sewage lines must be pulled up and out, and the landowner charged and tried for these municipal violations before a real hearing under law can lawfully take place.

Plaintiff and co-Plaintiff Roxie Fausnaught's mother, Doris Lamp lives across from the lot. She doesn't want to get involved with this dispute because Sherry Lamp Trehan is her granddaughter through Ralph Lamp. Therefore, her vote cannot be treated as either a 'no' vote, nor can it be counted by default as a 'yes' vote, nor can it in any way be used as overturning the percentage of votes necessary to get enough landowners to prevail against the 'no' votes.

Likewise with the Church and anyone renting from the Church. Any vote other than "no," nor can any abstention be treated as a part of any 70 percent overruling of any 30% 'no' votes, lest Plaintiff file suit against this Church and its trustees to revoke their 501(c)(3) non-profit tax-exempt status. Let them who claim to be of Christ refrain from aiding Caesar against Job.

To finish off or quash any nonsense under which Mayor Rick McCully is going to attempt to gerrymander placing this trailer house for select persons who have engaged in misdemeanor and felony property destruction and while further acting unlawfully against Granby City Code due process, Plaintiff is going to sue in Federal District Court anyone acting against his interests and the interests of those voting "no."

Plaintiff and Roxie Fausnaught have already filed their written objections. We hereby renew these objections. Also, another landowner, disgusted with City Hall antics in this regard, has informed Plaintiff that she and her partner have also filed a written objection. She has asked not to be mentioned by name in this Plaintiff's prior notice, nor on the Internet, and accordingly, as she is Plaintiff's ally in this matter, Plaintiff will comply with her wishes.

There was a time when this matter could be settled simply by Plaintiff having his property rights respected by these awful nasty evil degenerate criminal elements with sufficient money and clout to where the City of Granby reverted to its usual corruption in having one law for the poor and weak and another law for those who bribe city officials to overlook, and break, their own man-made 'law.' That time has passed. Plaintiff insists upon full 'due process of law' and that those who in collusion with other government officials would do whatever they please and think that they can get away with it be punished where it really hurts them. Since they cannot live in peace with their neighbors and relatives, let them find some place out in the country where they can do as they please without disturbing as many others outside the Granby City Code. Plaintiff will, if necessary, file any legal work in a federal district court of original jurisdiction far beyond much, if any, interference with corrupt City officials and police.

Martin `Mad Dog' Lindstedt
Plaintiff Pro Se

Roxie Fausnaught



Notes and Commentary:


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