Sawmill Island is truly the "land that time has forgotten" like in a Hollywood movie and yet it was right in front of everyone including the officials of the City of Boise. As the story of Sawmill Island unfolds in the second half of this website in Part 2 "Corruption in Boise City Hall" which the people of Boise need to read in order to fully understand just how corrupt their officials are and also the pain and suffering they inflicted on the Founder of Sawmill Island Christopher Burdge in his quest to protect this rare historical and environmental gem for the people of Ada County in perpetuity.
"Notice of Adverse Possession of Sawmill Island Property" document following this introduction was completed on November 23, 2018 after 18 months of work and research into the history of this forgotten piece of land. The history presented in the document is but a fraction of the full historical story that goes back to 1867, when Idaho was just a Territory and years before Idaho was even a State. If time allows the full story will probably be written in the coming years but for now the "Notice of Adverse Possession of Sawmill Island Property" and the "Articles of Association" for the "Sawmill Island Unincorporated Nonprofit Benevolent Association" are the 2 shields that will protect this "land that time has forgotten" for future generations from unscrupulous city and county officials and nefarious developers.
PART 1:
SAWMILL ISLAND
NOTICE OF ADVERSE POSSESSION
NOTICE OF ADVERSE POSSESSION OF SAWMILL ISLAND PROPERTY
(1) Pursuant to Title 5 Section 5-210 and 5-206 of Idaho Statutes and Idaho Supreme Court Cases, Perry v. Reynolds; Weaver v. Stafford; and Idaho Appeals Court, Corliss v. Wenner the Claimant Christopher Burdge herby gives notice of his claim in Adverse Possession of real land property herein defined as Sawmill Island (See legal property description and legal right of possession). Idaho legislature and Idaho courts have established over many decades a variety of requirements for an individual to claim abandoned real property land. (1) Actual exercising control over the property; (2) Exclusive possession of all or that part of the land individual alone claims and wishes to attain Deed to; (3) Being open and notorious in using the property as the former Deed owner would without hiding their occupancy; (4) Continuous control over the property for the period of 20 years; (5) Payment of taxes if such taxes exist. Claimant has been in Adverse Possession since July 2017 and will maintain, improve and defend said property until such time the property Deed will be acquired via the courts in the name of a property Foundation for the Preservation of Natural Land in Ada County for the use of the public in perpetuity.
CASE AND FACTS - ADVERSE POSSESSION SAWMILL ISLAND HISTORY
(2) Herein parts of Lots 2 and 3 of Section 24, Township 3 North T3N and Range 2 East R2E of the South Boise Quadrangle hereafter named Sawmill Island is the subject of this case. Sawmill Island is an island by definition in that the ditch dug from 1867 (and thereafter) used in the operation of the sawmill on the island is still free flowing year round identified in all documents as Walling Ditch or Boise Irrigation Canal. Walling was the individual who constructed the ditch and dam that still exists today (called Goodwin Dam) by Authorization “Act” of the 1867 Territorial Legislature of Idaho.
(3) The Goodwin Dam purpose was to divert Boise River water to power the sawmill on the island, float logs to the mill as diverted from the river and to supply water to the Boise Irrigation Canal. The Ditch (on the downside flow) forked near the far North end (BC surveyor’s monument) corner of the island property (property line of the now golf course and island) and flowed either back to the Boise River in a Southwestern direction or in a Northerly direction into the Boise Irrigation Canal as needed. The “Headgate” referenced in boundary line descriptions was in line with the Goodwin Dam and either closed off water to the ditch where such water just continued on down the river instead of being diverted. See (Exhibit A) of current Ada County Tax Appraisers Office aerial photo of Sawmill Island with the Goodwin Dam, Headgate, Walling Ditch, Boise Irrigation Canal, Goodwin Sawmill site and mill pond plotted on it. Superimposed on this map is a diagram of the basic operation of such a sawmill from that time period.
(4) Moses H. Goodwin the actual developer and long term operator of the sawmill on Sawmill Island bought the property and all equipment therein which constituted the beginning of the sawmill on March 14, 1883.
(5) Goodwin sold the island property on November 3, 1903 including sawmill and all inventory logs and lumber to the Page & Mott Lumber Company. The Deed of Sale of Goodwin to Page & Mott Lumber Company and thereafter the Boise Lumber Company (same description in both transfers) is to date the most definitive written description of the island property.
(6) Boise Lumber Company Limited a.k.a. Boise Lumber Company was formed under the laws of Idaho as a General Business Corporation on October 15, 1909 ID Number C6576 and administratively forfeited on November 30, 1950 by the Idaho Secretary of State SOS for failure to maintain annual corporate filings.
(7) The Boise Lumber Company purchased Sawmill Island from Page & Mott Lumber Company on May 10, 1910.The Deed was a name change Deed of the property for $1.00 from Page & Mott to Boise Lumber Company with the former owners of Page & Mott now the corporate officers of the new Boise Lumber Company. The transfer also included the company retail sales office and lumber yard within the then City of Boise limits. This property is unrelated to the current Sawmill Island case and is referenced only as clarification that there were 2 business operations at that time. Sawmill Island on Warm Springs Avenue was not within Boise City limits.
(8) The Idaho Historical Society unequivocally states that in 1925, Boise Lumber Company totally abandoned the sawmill and property of Sawmill Island on East Warm Springs Avenue entirely to be reclaimed by nature and the elements with no record of any type found that the company made any attempts to maintain or protect the property. Idaho Historical documents state that the mill site had totally crumbled to be unrecognizable by 1950. Claimant speculates but cannot confirm that the rapid deterioration of heavily built mill site was related to scavengers removing usable parts, machinery, wood planking etc. that was the cause of such rapid collapse of the structures in the mill site complex.
(9) The Boise Lumber Company continued business in Boise City at its lumber yard and building supply company (miniature Home Depot of today) for local house building of the ever increasing Boise City. The 1911 Boise and Ada County phone directory displays a bold blocked add for the new company which is one year after purchase of Sawmill Island from Page & Mott Lumber Company and 2 years after the company was actually formed as a corporation in Idaho (1909). The 1911 bold block add states:
(10) “Boise Lumber Company, Limited; Lumber Manufacturers, and Wholesale and Retail Dealers in Lumber, Lath, Shingles, Doors, Windows, Cement, Lime, Etc.; 6th and Front Street; Mill at Warm Springs Ave, ¼ mile East of Natatorium.”
(11) The above referenced advertisement specifically identifies the sawmill property (Sawmill Island) as one quarter mile East of the then Natatorium which puts the beginning of Sawmill Island at the eastern end of the current Warm Springs Golf Course. This corresponds with the legal description given in the Goodwin Deed to Page & Mott Lumber Company and replicated again in the Deed of Page & Mott Lumber Company to Boise Lumber Company. The exact location is also confirmed by the crumbled concrete ruins of the old mill, indentation of mill pond, still existing Headgate steel pylons across Walling Ditch in direct line with Goodwin Dam, BC surveyor’s marker at the Northern corner of property near the beginning of Boise Irrigation Canal and stone work at location that dates from the time period of ditch/canal construction.
(12) Boise Lumber Company Limited a.k.a. Boise Lumber Company corporate charter was administratively forfeited by the Idaho Secretary of State in 1950 for failure to renew their annual corporate filings and the company disappears off record into obscurity never to be heard of again. Sawmill Island property abandoned by the company in 1925 has never been maintained, claimed by anyone, or used for any purpose since its abandonment in 1925 by Boise Lumber Company. The island property has been forgotten like a Hollywood movie of the “Land That Time Forgot” and that is what it really looks like. The 1939 aerial photo of the island on file at the Ada County Tax Appraisers office shows this statement to be true. Such total abandonment of real property into obscurity is unusual until one reflects on the historical events of the Great Depression (1929 - 1941), World War II (1941 - 45) and the Korean War (1950 – 1953) that transpired during the period of 1925 to 1950 the date of abandonment and corporate failure (disappearance).
(13) There is no record at the Ada County Tax Appraiser Office of any tax assessment of Sawmill Island in the entire history of the property (Property existed before property taxes) and it is surrounded by private property (residential homes), Boise City property (golf course & green belt), Ada County property (Ada County green belt) and state property the Boise River (See Exhibit A). All 4 surrounding government owned properties all have parcel numbers identifying them for tax exempt purposes (See Exhibit A). During Claimants investigative visit to the Ada County Assessor’s Office on August 23, 2018 Don Watts the Land Records Supervisor for that office clarified all parcels of land are given land parcel numbers for the purpose of identifying all land owners for tax reasons or exemption from taxes regardless of who they are. Watts, specifically stated in Ada County unlike some other counties, all government owned land has a parcel number to identify it so said property can be tax exempt and removed from the annual property tax list. One needs only to look at the appraisers own tax map (Exhibit A) of parcel numbers for all the property surrounding Sawmill Island to understand Watts statement. The map clearly shows that all the private home property, county beltway property, city golf course property (formally state property) and city beltway property, all have parcel numbers. Only the Boise River which is free flowing state land and public roadways do not have parcel numbers which is the standard representation of the 2 aforementioned in all 50 states nationwide.
(14) Pursuant to the IDAHO UNIFORM BUSINESS ORGANIZATIONS CODE (IUBOC) July 1, 2015 PART 6. ADMINISTRATIVE DISSOLUTION AND REINSTATEMENT; subpart, 30-21-603.REINSTATEMENT (a) A domestic filing entity that is dissolved administratively under section 30- 21-602, Idaho Code, may apply to the secretary of state for reinstatement not later than ten (10) years after the effective date of dissolution. Boise Lumber Company sawmill property site was abandoned in 1925 and the company administratively forfeited in 1950 which makes to this year of 2018, abandonment of the sawmill site property 93 years and corporate forfeiture 68 years respectively thus precluding any possibility that the corporation can be rehabilitated and reinstated under the 10-year limit of 30-21-603. Meaning there is no owner.
(15) There have never been any tax records ever found by either the Ada County Tax Assessors Office nor by the Idaho Historical Society for Sawmill Island property, thus no parcel number. The property existed before there was land taxes or parcel numbers. The property today still has no property tax reference parcel number used in assessing taxes and no one at the Ada County Tax Assessors Office has any idea who owns the property thus they cannot appraise that which does not exist. If state, county, city or federal governments owned the land then it would show up on the current and past tax records, it does not. Pursuant to Idaho Statute and case law the only way for any person or government (city, county, state or federal) to acquire real property land is by the free transfer of title from previous owner or via the courts in one of 2 ways, (1) Adverse Possession; (2) Doctrine of Forfeiture. Adverse Possession is an individual physically claiming land by occupation and improvement and is well defined in statute and specifically case law. Doctrine of Forfeiture is a legal method used at times in unusual circumstances where property is transferred to a new owner via Deed. In both cases the acquiring person or governmental entity MUST do so via the court in order to acquire the Deed for the land. NO government can simply stamp their name on land and acquire a Deed for it without proper judicial proceedings.
(16) Plaintiff has maintained constant residence in Adverse Possession of Sawmill Island as defined by Idaho Statute and Case Law since July 2017 (even through the winter) to protect the property. It is just a matter of time before some developer decides to acquire the property in whatever nefarious means needed (with the help from corrupt county/state officials) and start building condominiums or million-dollar mansions on the island to the exclusion of the public. Plaintiff seeks to acquire the property and transfer it into a non-profit foundation to be created for the enjoyment of the public in perpetuity.
ADVERSE POSSESSION; OWNERSHIP RIGHTS OF ABANDONED REAL PROPERTY
(17) Adverse Possession Legal Concept: Adverse possession is a legal concept that allows an individual to gain legal title over the land of the property owner who has abandoned the land. The concept developed in early English law to continue utility of abandoned land in achieving a fair resolution when one owner has neglected or forgotten about a piece of land while another has been using or caring for it. Adverse Possession in Idaho is controlled by legislative statute and common law created by the state courts where the statutes are vague or absent. The burden of proof to establish a claim of Adverse Possession is on the individual where the legal holder of title has the presumption of ownership until the Adverse Possessor can meet that burden. There is no single statute in Idaho that articulates the elements that an individual must establish to prove Adverse Possession. Rather, the courts have established a variety of such factors, over many decades. (1) Actual exercising control over the property; (2) Exclusive possession of all or that part of the land the individual alone claims and wishes to attain Deed to; (3) Being open and notorious in using the property as the real owner would, without hiding his or her occupancy; (4) continuous control over the property for the period of 20 years under Idaho Code Ann. § 5-206. (5) Paying taxes on property if such tax requirement exists. Statutes in modern time in Idaho suggest establishing an electrical power pole and dwelling on said property as a major pronouncement of a claim under Adverse Possession.
(18) Case Law of Adverse Possession: The indisputable standard clarified in Idaho case law in right of possession of a new owner of abandoned real property is, “the owner has discarded or voluntarily forsaken with the intention of terminating his ownership, but without vesting ownership in any other person” Corliss v. Wenner (footnote 1). The Boise Lumber Company according to the Idaho Historical Society abandoned Sawmill Island in 1925 and let it disintegrate and collapse into obscurity thereafter with no attempt to, protect, maintain or claim it in any way. Boise Lumber Company Limited, incorporated in 1909 continued full business operation in the Boise area as a building supply company until 1950 when the Idaho Secretary of State forfeited the corporation charter for administrative reasons.
(19) Boise Lumber Company abandoned the sawmill property from 1925 to the present day as defined by the Corliss case, “ABANDONED PROPERTY—that which the owner has discarded or voluntarily forsaken with the intention of terminating his ownership, but without vesting ownership in any other person.” Corliss v. Wenner (footnote 1). The Corliss Court further clarified that, “The major distinctions between characterizations of found property turn on questions of fact, i.e., an analysis of the facts and circumstances in an effort to divine the intent of the true owner at the time he or she parted with the property.” The facts of this case are those acquired exclusively from the Ada County Tax Assessors Office, Recorder Office, Treasury Office, Public Library Archives, Idaho Historical Society Archives, US Geologic Survey Archives, land survey records and detail examination of Sawmill Island property ruins and boundaries by the Adverse Possessor who is a geologist, leave no doubt that the property has been completely abandoned since 1925. Any doubt in this statement one needs only to view the 1939 or 2018 aerial photo of Sawmill Island (Tax Assessors Office) where even the crumbled old concrete ruins of the mill that still exists today in pieces are completely covered by vegetation growth and not observable in aerial photos as if there was never an active sawmill business on location just 15 years before (1939 photo) in 1925. See also case law footnotes 2, 3 and 4 for definition of Abandoned Property.
PROPERTY DESCRIPTION OF SAWMILL ISLAND TWO METHODS: OWNERSHIP DEEDS & CURRENT BOUNDARY LINES
(20) Sawmill Island geographical location and boundaries are defined by 2 factual methods (I) Two consecutive ownership Deeds and (II) Current boundary lines of surrounding property lines as defined on the Ada County Tax Assessors Office maps and the property survey of 1997. Neither Deeds or current boundaries agree with each other in their entirety. In fact, the 1997 property survey requisitioned by Boise City for the purpose of consolidating the Boise City owned parcels that together form the Warm Springs Golf Course are not shown in the Ada County Tax Assessor maps for reasons that will become obvious (the survey was bogus). The 1997 survey is suspect because it is in direct confrontation with the original deed descriptions that define conclusively the boundaries of Sawmill Island. This will be reviewed in detail in the following factual analysis.
(I) Sawmill Island Defined by Property Deeds
(21) Sawmill Island was defined as one quarter mile East of the then Natatorium and bound by Warm Springs Avenue on the North side (1911 phone book block advertisement aforementioned) which puts the beginning of Sawmill Island at the Eastern end of the current Warm Springs Golf Course which is very close to the boundary line between Section 13 and Section 24 of Township 3 North (T3N) and Range 2 East (R2E) of the Boise South Quadrangle. This corresponds with the legal description given in the Goodwin Deed to Page & Mott Lumber Company and replicated again in the Deed of Page & Mott Lumber Company to Boise Lumber Company. The exact location is also confirmed by the crumbled concrete ruins of the old mill, indentation of mill pond, still existing Headgate steel pylons across Walling Ditch in direct line with the Goodwin Dam, BC surveyors marker at the Northern corner of property (on boundary line of Sections 13 and 24) near the beginning of Boise Irrigation Canal, stone work at location that dates from the time period of ditch/canal construction and flume ditch (See Exhibit A diagram) on the island that directed water to the mill water wheel and then back to the Boise River near the downstream intersection of the river and Walling Ditch.
(22) PAGE & MOTT LUMBER COMPANY TO BOISE LUMBER COMPANY DEED RECORD 79 INSTUMENT NUMBER 30273 MAY 10, 2010
“Also all that part of Lots 2 and 3 in Section 24, Township 3 Range 2 East’The above described pieces and parcels of land lies and is situated on the South and Southwest side of Walling or Boise Irrigation Canal and the Boise River, beginning at or near the headgate of said canal and including the Goodwin Mill Pond above said headgate; thence running along the south side of said canal to a point opposite to where a nail is driven in a large rock on the Quarter (1/4) line of said section twenty-four (24). Together with the saw mill, machinery and other fixtures and appartenances thereon.Also the perpetual right to use the said irrigation Canal (known as Walling Ditch or Boise Irrigation Canal) and the waters flowing in and through the same, for saw-mill, power, saw-mill purposes, and the floating and driving of saw logs and all kinds of logs, timber and wood through and in to same from the headgate thereof to the saw-mill, (known as Goodwin saw-mill) and the right and privilege of enlarging repairing and improving said canal from saw-mill to headgate thereof, together with such other and further rights and titles as may have been conveyed to the grantors herein by their grantors.”
(23) The same exact land description is used in the Deed of sale of same property dated November 3, 1903 between Moses H. Goodwin and Page & Mott Lumber Company. The Page & Mott Lumber Company sold the same property to itself for $1.00 as a new Idaho corporation, Boise Lumber Company aforementioned in Deed on May 10, 2010.
Discussion of Deed Facts
(24) Aforementioned Sawmill Island is positively identified in the 1911 Boise City Ada County phone directory block add as being on Warm Springs Avenue one quarter (1/4) mile east of the then Natatorium. The same property location is found in all phone directories before and after the 1911 issue. There is only one property that can fit this location and that is Sawmill Island which begins on the Eastern end of the now current Boise City owned Warm Springs Golf Course. The 1938 and 1954 USGS Quadrangle maps show the golf course as “State Land” and “State Penitentiary Land” (See Exhibit E) respectively. The State of Idaho ceded the golf course land to Boise City in later years.
(25) The Sawmill Island is defined in Deeds as “land lies and is situated on the South and Southwest side of Walling or Boise Irrigation Canal and the Boise River” (Exhibit A) and all other maps show that Sawmill Island is bordered by water of either Walling Ditch or the Boise River thus making it an island by definition. Sawmill Island is located between the South and Southwest side of Walling Ditch and is between said ditch and the Boise River.
(26) Furthermore, Sawmill Island defined in Deeds as, “beginning at or near the headgate of said canal and including the Goodwin Mill Pond above said headgate; thence running along the south side of said canal to a point opposite to where a nail is driven in a large rock on the Quarter (1/4) line of said section twenty-four (24). Together with the saw mill, machinery and other fixtures and appartenances theron.” The “Quarter (1/4) line of said section twenty-four (24)” is the BC (Boise City) land survey marker that is still in place today and is referenced as the, “nail is driven in a large rock.” This Deed description defines the Eastern boundary of Sawmill Island being at the Headgate (in line with Goodwin Dam) at the island property on the upstream end of Walling Ditch; continuing downstream on Walling Ditch to the mill pond and ending near the, “Quarter (1/4) line of said section twenty-four (24).” These confirmed 3 markers that are still in existence today give a straight line of sight from the Headgate to the BC marker on the northern corner of Sawmill Island. The, “Quarter (1/4) line” end point is the BC Monument (See Exhibit A and D) and is the intersection of the North/South (1/4) line of both Sections 24 and 13 of Township 3 North T3N and Range 2 East R2E of the Boise South Quadrangle and the boundary line of the actual Sections 13 and 24.
(27) Furthermore the said Deed states, “Also the perpetual right to use the said irrigation Canal (known as Walling Ditch or Boise Irrigation Canal) and the waters flowing in and through the same, for saw-mill, power, saw-mill purposes, and the floating and driving of saw logs and all kinds of logs, timber and wood through and in to same from the headgate thereof to the saw-mill, (known as Goodwin saw-mill) and the right and privilege of enlarging repairing and improving said canal from saw-mill to headgate thereof, together with such other and further rights and titles as may have been conveyed to the grantors herein by their grantors.”
(28) Paragraphs 24 through 27 have already define Sawmill Island as that land along the Walling Ditch from the Headgate to the BC monument and continuing in the South and Southwest direction to the Boise River from Walling Ditch. In today’s geographic terms this is all the land surrounded by Walling Ditch and parallels the current green belt bike trail and East Warm Springs Avenue to the Boise River (See Exhibits A, B, C and D). The aforementioned paragraphs 24 through 27 irrefutably define the elongated triangular property island called Sawmill Island as shown in (Exhibits A through E).
(II) Sawmill Island Defined By Current Boundaries As Of 2018
(29) There are only 2 boundary data as of 2018 (I) Boundaries as defined by the Ada County Tax Assessors Office for tax purposes and (II) Boundary by a 1997 property survey requisitioned by Boise City to define the multiple parcels of land that make up the current Warm Springs Golf Course which belongs to Boise City.
(I) Ada County Tax Assessors Boundaries:
(30) There are 3 property parcel numbers (tax numbers) that surround and abut against the elongated triangle shaped Sawmill Island on the Western and Northern side of island with the Boise River on the southern side forming the third side of the triangle. Parcel # S1013325405 is Boise City tax number for all its property and is found on (Exhibit C) in 2 locations. (1) Parcel # S1013325405 defines the golf course with the property line between the golf course and Saw Mill Island delineated by Walling Ditch. (2) Parcel # S1013325405 also appears on the narrow bike trail strip from around the Headgate/Goodwin Dam area and extending about half way up the Walling Ditch bordering on the north side of the ditch and includes the bike trail to the right of way of East Warm Springs Avenue. (3) Ada County property parcel # S1024120800 begins where aforementioned Boise City parcel #2 ends and continues as the same including the green belt bike trail to the right of way of East Warm Springs Avenue (See Exhibit C). These 3 parcel numbers and the Boise River which is free flowing state land completely encompass, surrounds and defines Sawmill Island totally as a separate island of real property land that has no parcel number nor any tax record of ever being taxed or evaluated since it was abandoned in 1925 by the Boise Lumber Company. ALL these straight line parcel delineation property boundaries are the best guess of the Tax Assessor’s Office and do not show the exact boundaries either for Sawmill Island or that of the right of way boundary for East Warm Springs Avenue. The exact boundary of Sawmill Island is defined by Walling Ditch. The exact boundaries of the county and city beltway strips are defined by Walling Ditch and the natural curvature of the right of way of East Warm Springs Avenue. The exact boundary of the golf course and Sawmill Island is Walling Ditch. The straight lines of the city and county parcel numbers actually intrude slightly over the island property and Walling Ditch. The actual boundaries according to the property Deeds which are the only definitive and irrefutable legal description will be redefined in the future when the island is properly surveyed by a qualified survey company.
(II) Property Survey of Warm Springs Golf Course Year 1997
(31) There is only one property survey of record found to date that boarders Sawmill Island. The 1997 survey (Exhibit D) according to the survey document was requisitioned by Boise City to find the boundaries of the multiple parcels of land that constitute the Warm Springs Golf Course which is city property parcel # S1013325405. Claimant challenges the validity of the survey lines that extend below the boundary line between Sections 13 and 24 of T3N and R2E (See Exhibits A, B, C & E). The only reliable reference used in the survey regarding Sawmill Island is the BC survey monument aforementioned previously as at the northern corner of Sawmill Island on the south side of Walling Ditch at the intersection of Walling Ditch and the Boise Irrigation Canal where Walling Ditch turns abruptly southward towards the Boise River. The survey company did an unprofessional job and instead of actually taking the time to review the proper records and Deeds regarding the land of Sawmill Island which no one in Ada County knew anything about at that time, just extended the straight line survey from the BC monument (along the North/South ¼ Section line) to the Boise River and then following the contour of the river. This gross error cuts into a major part of the island property which has no basis in history or recorded documents. The true survey would have followed the contour of Walling Ditch from the BC monument to the Boise River which would have been additional work and the reason for the fake survey line. The Ada County Tax Assessors Office has this survey document on file and still that office does not show the false overlap of the aforementioned intrusion on their tax map which says they don’t consider it valid. In fact, the tax office printed off a copy of the survey map for Claimant which is herein labeled (Exhibit D). As stated before an authentic real property survey by a legitimate company will be conducted on the entire island in the next 2 years when the property is turned over to the future Foundation for the Preservation of Natural Land in Ada County for the use of the general public.
Discussion of Boundaries of Sawmill Island
(32) As stated before both the current straight line boundaries of the Ada County Tax Assessor map regarding Sawmill Island are just straight line guesses and not actual surveyed boundaries for 4 factual reasons. (1) Both the Ada County and Boise City green belt map boundaries cut across Walling Ditch at places which is a violation of the water rights in perpetuity of Sawmill Island thus such lines are generalities not actual boundaries. (2) As stated to Claimant by Don Watts the Land Records Supervisor of the Ada County Tax Assessors Office, all but a few of the old maps that defined all of Ada County which the tax office once had were thrown out for no legitimate reason by order of his superiors. In fact, Watts took Claimant back into what is called the “Vault” to show Claimant the few remaining paper documents map/documents left and those were not originals only hand written and drawn in bound portfolios of which Watts sent an email photo of one to Claimant relating to Sawmill Island but of little use because of quality and not verifiable. If a government organization wants to cover up their past mistakes or corruption they have to get rid of the evidence and old maps and recorded property Deeds are the core prima facie indisputable evidence. The tax office can over the weekend destroy the maps in their possession to hide the past truth but the property Deeds are in the hands of the Recorders Office. If the tax office supervisors and their bosses were not trying to cover up mistakes or outright corruption, then they would have donated all the maps that were destroyed to the Idaho Historical Society only a few miles away. Destroying such maps is a crime in one fashion or the other. This is why Claimant aforementioned he is protecting the island property from unscrupulous developers and corrupt county and state officials. You can be sure they are the ones responsible for destroying all the map evidence from the past. There was plenty of room in the “Vault”, just not enough room for the corrupt officials destroying the evidence. (3) The green belt asphalt bike trail was placed over top the railroad tracks of the Union Pacific railroad track right of way which ran right alongside of Walling Ditch, between the ditch and East Warm Springs Avenue. The wooden rail ties were left in place and just covered with dirt and asphalt in construction of the bike trail. There are still places where the ends of the wooden rail ties are exposed which abut the right of way of East Warm Springs Avenue as shown in the old US Geologic Survey maps. The straight lines of the County Tax Appraisers Office do not correspond to these definitive land marks because in the surveying world straight lines are rare and usually are part of original US Geological Survey maps that predate any of the above discussion issues. Besides, who is going to ask questions about straight lines except a man like Claimant who is a geologist who has made topography maps in the field using survey equipment. (4) There is no record of survey of any part of the green belt bike trail in this part of the Ada County that would lead to the long straight lines shown in the tax appraisers map which aforementioned are just general delineations of the city and county owned land.
CONCLUSION
(33) Claimant will in the name of aforementioned Foundation, file civil suit in Ada County Court to claim full property Deed for Sawmill Island in the next 2 years under the legal “Docrtine of Forfeiture” still being researched at the Idaho State Law Library with the assistance of the research librarian there. For now, Claimant holds ownership of the island property under Adverse Possession which gives him full ownership rights to the property since there IS NO OTHER LEGITIMATE OWNER. With this ownership right he will not only physically remain in possession of the island, he will begin improvements of establishing a foot bridge access over Walling Ditch, establish an electrical power pole on the island and have built a small wood frame cabin (shelter) there. Both the power pole and built shelter are one of the top recommendations under Idaho law for a long term qualified owner. The overall requirement for Adverse Possession is for there to be an undeniable presence on the land that is made fully public and the reason for this document to be filed with the Ada County Recorder’s Office.First draft completion of this document was done on November 23, 2018.
FOOTNOTES:
(1) In Corliss v. Wenner, Court of Appeals of Idaho, September 5, 2001 136 Idaho 417 34 P.3d 1100 stated, “The major distinctions between characterizations of found property turn on questions of fact, i.e., an analysis of the facts and circumstances in an effort to divine the intent of the true owner at the time he or she parted with the property. See generally 1 Am.Jur.2d Abandoned, Lost and Unclaimed Property §§ 1–14 (1994)……… At common law all found property is generally categorized in one of five ways. See Benjamin v. Lindner Aviation, Inc., 534 N.W.2d 400 (Iowa 1995); see also 36A C.J.S. Finding Lost Goods § 5 (1961); 1 Am.Jur.2d, Abandoned, Lost, Etc., § 10 (1994). Those categories are:ABANDONED PROPERTY—that which the owner has discarded or voluntarily forsaken with the intention of terminating his ownership, but without vesting ownership in any other person. Terry v. Lock, 343 Ark. 452, 37 S.W.3d 202, 206 (2001);”
(2) In Perry v. Reynolds, 63 Idaho 457, 464, 122 P.2d 508, 510 (1942) stated, “Abandonment of a property right must be evidenced by a clear, unequivocal and decisive act.” (citing Sullivan Constr. Co. v. Twin Falls Amusement Co., 44 Idaho 520, 526–27, 258 P. 529, 530–31 (1927))……. “Abandonment may be shown by the facts and circumstances, but clear proof is required to make out a case.” Union Grain & E. Co. v. McCammon Ditch Co., 41 Idaho 216, 224, 240 P. 443, 445.“It is elementary that an abandonment of any right is dependent upon an intention to abandon and must be evidenced by a clear, unequivocal, and decisive act of the party.” Sullivan Const. Co. v. Twin Falls A. Co., 44 Idaho 520, 526, 258 P. 529, 530. “Abandonment is a matter of intent, coupled with corresponding conduct; thus a question of fact.” St. John Irr. Co. v. Danforth, 50 Idaho 513, 516, 298 P. 365, 366. See, also, Zezi v. Lightfoot, 57 Idaho 707, 713, 68 P.2d 50.
(3) In Weaver v. Stafford, Supreme Court of Idaho, July 14, 2000 134 Idaho 691 8 P.3d 1234 stated, “it must be remembered that it requires very convincing and satisfactory proofs to support a forfeiture by abandonment of a real property right.” Welch v. Garrett, 5 Idaho 639, 51 P. 405, followed *511 and approved in Ada County Farmers' Irr. Co. v. Farmers' Canal Co., 5 Idaho 793, 799, 51 P. 990, 40 L.R.A. 485. “Abandonment of a property right must be evidenced by a clear, unequivocal and decisive act.” Perry v. Reynolds, 63 Idaho 457, 464, 122 P.2d 508, 510 (1942) (citing Sullivan Constr. Co. v. Twin Falls Amusement Co., 44 Idaho 520, 526–27, 258 P. 529, 530–31 (1927)). “Abandonment may be shown by the facts and circumstances, but clear proof is required to make out a case.” Union Grain & E. Co. v. McCammon Ditch Co., 41 Idaho 216, 224, 240 P. 443, 445. “It is elementary that an abandonment of any right is dependent upon an intention to abandon and must be evidenced by a clear, unequivocal, and decisive act of the party.” Sullivan Const. Co. v. Twin Falls A. Co., 44 Idaho 520, 526, 258 P. 529, 530. “Abandonment is a matter of intent, coupled with corresponding conduct; thus a question of fact.” St. John Irr. Co. v. Danforth, 50 Idaho 513, 516, 298 P. 365, 366. See, also, Zezi v. Lightfoot, 57 Idaho 707, 713, 68 P.2d 50.”
ARTICLES OF ASSOCIATION
SAWMILL ISLAND UNINCORPORATED
NONPROFIT BENEVOLENT ASSOCIATION
Pursuant to the Idaho Uniform Unincorporated Nonprofit Association Act ID Code § 30-27-101 (2015) SAWMILL ISLAND UNINCORPORATED NONPROFIT BENEVOLENT ASSOCIATION is hereby founded by Christopher Burdge as Manager and Agent along with a separate Idaho corporation as Member on this date March 1, 2019 for the protection of Sawmill Island in perpetuity for preservation and use by the general public. Said Association consists of Sawmill Island defined in the November 23, 2018 15-page document NOTICE OF ADVERSE POSSESSION OF SAWMILL ISLAND. All actions of this Association fall within 2015 Idaho Statutes Title 30 – CORPORATIONS Chapter 27 - UNINCORPORATED NONPROFIT ASSOCIATIONS .
Founder, Manager and Agent of SAWMILL ISLAND UNINCORPORATED NONPROFIT BENEVOLENT ASSOCIATION, Christopher Burdge, hereby conveys all his rights under Idaho Statutes of Adverse Possession of Sawmill Island established in July 2017 to the SAWMILL ISLAND UNINCORPORATED NONPROFIT BENEVOLENT ASSOCIATION without any reserve and such Adverse Possession from the date of signing of this document will become the right and obligation of the SAWMILL ISLAND UNINCORPORATED NONPROFIT BENEVOLENT ASSOCIATION in perpetuity. Such transfer requires and obligates said Association to pursue any and all legal actions for events prior to transfer of Sawmill Island against City of Boise or TCR Total Cleanup & Restoration or any others to date of signature on this document and thereafter. Said Association is further obligated to defend Founder against all other attacks of any type from any sources for any reason regarding Sawmill Island in perpetuity.
Christopher Burdge
770 S 13th Street Unit #6725
Boise ID 83707
Email: [email protected]
Signature___Christoppher Burdge_______________________________________Date _3/1/2019______________
PART 2:
CORRUPTION IN BOISE CITY GOVERNMENT
An aphorism often erroneously attributed to Thomas Jefferson, "That government is best which governs least...", was actually found in Thoreau's Civil Disobedience. I have been asked many times over my 65 plus years on this earth "what single book has influenced you the most?" The answer is the combined book of Walden and Civil Disobedience by Henry David Thoreau. Most people will say the Bible, if your mainstream and not eccentric the way I am. It is the eccentric people of the world who make the great discoveries, explore the far reaches and ask the questions no one has thought of yet or are to afraid to ask out fear of retribution if they do. I have refused to allow society, government and even those related closest to me from squashing my sense of imagination and adventure which is the core unstated moral of the story of Thoreau's writings, to see the world the way it really is in its raw state. Sawmill Island was discovered which had existed right under the noses of local government and the people of Ada County because they lacked the sense of imagination and adventure. It is truly a rare gem that has sat undisturbed since 1925 and now that the truth of it all has been exposed the City of Boise wants retribution against me the Founder of Sawmill Island Unincorporated Nonprofit Benevolent Association created on March 1, 2019 that now holds this island in Adverse Possession.
I will incorporate only 2 of the documents relating to the attack and abuse by the City of Boise in retribution for my claiming Sawmill Island for the people but also for exposing the internal greed and corruption of city officials at the expense of the very young and elderly of Boise in the "e-scooter" scam with its own website at xxxxxx.
The 2 documents presented here are the TORT CLAIM demand for payment for damages and the CIVIL SUIT if such claim is not paid by the City of Boise. Neither document as of 3/4/2019 have been served on the City of Boise but will before the Summer of 2019. The CIVIL SUIT is presented first for it details exactly what happened from 1/7/2019 when the Boise Police attacked me and my camp on Sawmill Island in order to scare and drive me from the property so the city could then try to claim it and also as described as already as retribution for exposing the e-scooter scam found at xxxx.
The second document is the TORT CLAIM which is a state legislative requirement for requesting compensation for damages from the City of Boise before suit is filed. The City of Boise is rift with corruption that is being exposed concurrent with my legal actions by the "Freedom Foundation" that exposed and stopped via lawsuit the $100,000,000 (that is 100 million) proposed library with an additional $12 million already wasted on a scam architecture contract from out of state. Both the $112 plus million dollar scam and the new proposed ball stadium have evaporated as soon as the public via law suit became aware of it all. The truth to the corrupt Boise City Government is like sunlight to a Vampire they melt away as did the absurd library and ballpark. The 2 documents presented here are that truth and the people of Boise should read and understand that the City of Boise government officials are crooks and not the public's friend. ALL the documents emails etc regarding this will be presented in its own website xxxxxx and reference to a master site for the soul purpose of exposing corruption and waste in Ada County and Idaho.
LETTER TO IDAHO GOVERNOR BRAD LITTLE APRIL 1, 2019
Governor Brad Little
State Capitol
PO Box 83720
Boise ID 83720
Governor,
April 1, 2019
The attached civil suit (not yet filed) regarding 5 Counts of criminal behavior within the city government of Boise will have far reaching consequences for Boise and Ada County if it is unleashed. The consequences will be criminal investigations at both the County and Federal level and the adjudication of the civil suit itself that will open Pandora’s Box for Boise and Ada County for decades to come.
Warren Buffet the famed investor once said, “you find out who is not wearing a bathing suit when the tide goes out.” Everyone in the United States is about to find out who in Boise Government, Ada County Government and in State Government are not wearing a bathing suit. All 31 State Senators and Representatives for the Districts of Ada County have already been informed.
Mayor Bieter has until I submit this entire case to the Ada County Sheriff and thereafter the Federal Prosecutor if the Sheriff is compromised for Racketeering under the RICO laws.
- The City of Boise will financially compensate for the damages thus far as defined in the civil suit to the current amount of $2208.97.
- No city employee or contractor will be allowed on Sawmill Island unless invited by the Association.
- All harassment of any type against the Association, the Manager or its Members will cease.
- The City of Boise or any people or organizations associated with it will not infringe upon the Association efforts to open up Sawmill Island for the public use.
- The City of Boise will do everything within its legal power to make amends for its past behavior towards, the Association and Manager Christopher Burdge.
- The City will investigate the person(s) defined in Count 4 of civil suit who left the cryptic symbolic messages, for any past unsolved crimes in any place they worked or lived especially in any law enforcement capacity. Start with the worst and work backwards.
Christopher Burdge
PO Box 6725, Boise ID 83707 Email: [email protected]
CIVIL LAWSUIT AGAINST THE CITY OF BOISE
SAWMILL ISLAND
UNINCORPORATED NONPROFIT
BENEVOLENT ASSOCIATION
770 S 13th Street unit #6725
Boise ID 83707
Email: [email protected]
Phone: Not Used
THE FOURTH JUDICIAL DISTRICT COURT
OF THE STATE OF IDAHO IN AND FOR ADA COUNTY
______________________________________________________________________________________________________________
Plaintiff
SAWMILL ISLAND
UNINCORPORATED Case Number___________________
NONPROFIT
BENEVOLENT
ASSOCIATION
COMPLAINT
v.
Count 1: Violation of Boise Code Section 8-08.
Defendant Count 2: Violation of Adverse Possession Title 5
CITY of BOISE Idaho Statutes Section 5-210 and 5-206 and
Idaho Supreme Court and Appellate Case Law.
Count 3: Violation of U.S. 9th Circuit Court of
Appeals Case Martin v. City of Boise;
September 04, 2018 decided no citation yet.
Count 4: Violation of Idaho Statutes 18-2403 - Theft
Count 5: Violation of Idaho Statutes 18-7001-
Malicious Injury to Property.
______________________________________________________________________________________________________________
CAUSE OF ACTION
Defendant on 1/8/2019 knowingly and willfully violated; (1) Boise Code Chapter 8-08; (2) Idaho Statutes Section 5-210 and 5-206 for Adverse Possession and supportive Idaho Supreme Court and Appellate Court case law; (3) U.S. 9th Circuit Court of Appeals case Martin v. City of Boise (September 04, 2018); (4) Idaho Statutes 18-2403-theft; and (5) Idaho Statutes 18-7001-MALICIOUS INJURY TO PROPERTY; to harass and cause pain & suffering to Plaintiffs Founder, Christopher Burdge. Pursuant to ARTICLES OF ASSOCIATION for SAWMILL ISLAND UNINCORPORATED NONPROFIT BENEVOLENT ASSOCIATION (Exhibit C) signed on March 1, 2019, said Association assumes obligation on behalf of its Founder, Manager and Agent Christopher Burdge to pursue legal action in this case against Defendant for transgressions defined since 1/7/2019. See website https://sawmillisland.weebly.com/. Defendant is defined as all employees of the City of Boise and the City of Boise corporate.
HISTORY
Sawmill Island has been under Adverse Possession by Plaintiffs Founder since July 2017 when Plaintiffs Founders detailed research began going back through ALL records in Ada County. NOTICE OF ADVERSE POSSESSION (15-page document) (Exhibit A) was completed in November of 2018. This NOTICE and additional 2-page letter (Exhibit B) were sent to Defendant on 1/7/2019. All documents were ignored by Defendant and on 1/8/2019 Boise Police arrived on the island campsite location and ordered Plaintiffs Founder to leave his own private property on threat of arrest and thereafter the entire camp was removed by CTR Cleanup & Total Restoration.
The Case & Facts show that this action by Boise Police on order of Defendant was an egregious violation of the “RULE of LAW” of both state, local and federal jurisdiction. This deliberate planned force majeure attack was Defendants attempt to intimidate and cause pain & suffering during sub-freezing winter days during and following 1/8/2019 as retribution to Plaintiffs Founder. Such retribution centered on 2 issues: (1) Just 3-weeks prior to 1/8/2019 Plaintiffs Founder sent Boise Police a detailed legal letter (Exhibit D) requesting a criminal investigation of Boise Mayor and City Council for fraud and corruption in the deliberate alteration of Idaho Statutes to allow the use of e-scooters on the sidewalks of Boise for financial gain regardless of the danger to the very young and elderly; (2) Plaintiffs Founder claiming Sawmill Island, a virtual “land that time had forgotten” was and still is an embarrassment for city officials that since 1925 this pristine island property had been right under their nose and now was lost for sale to a land developer for financial gain and as a tax base income once developed.
The 1/8/2019 force majeure attack by the Boise Police using the fraudulent created document “Notice of Clean-Up and Removal” was an attempt to drive Plaintiffs Founder from the Island so the Defendant could steal it for their own use and not for the public as it is now. Such behavior backfired on Defendant resulting in a request for damages under the Idaho Tort Claim Act (Exhibit K) to the sum of $1572. CTR Cleanup & Total Restoration already paid their share of damages relevant to them on request from Plaintiff on 1/29/2019. Defendant never responded to anything Plaintiffs Founder sent it.
In retribution for Tort Claim Request Defendant continued to harass Plaintiffs Founder on 3/4/2019 when Boise Police trespassed again on Sawmill Island and Founders campsite headquarters for the Association and stole Founders tent and contents therein. Defendant left cryptic symbolic messages at the campsite as a threat and warning to Founder as defined in Case & Facts of Count 4. Eleven Notices of Return of Stolen Property were sent to Boise Police, Boise Mayor Bieter, 6 members of Boise City Council and Boise City Attorney until 3/22/2019. None of the aforementioned Defendants responded.
On 3/22/2019 Plaintiffs Founder sent the 6 members of Boise City Council the revised Tort Claim for the total financial damages which included the original $1572 and the second theft on 3/4/2019 itemized at $636.97 for a total of $2208.97 (Exhibit L). Plaintiffs Founder thereafter updated and revised the original civil suit (not filed) prior to the 3/4/2019 theft and on 4/1/2019 resent again the final demand for financial compensation along with the new revised suit stating that if the full amount was not paid that 3 events would happen. (1) The suit and exhibits referenced therein would be turned over to the Ada County Sheriff requesting a criminal investigation of all employees of Defendant involved. Letter from Idaho Attorney General a month before regarding procedures in requesting criminal investigation of the City of Boise and employees therein, stated that it was the Ada County Sheriff who was responsible for such investigations and that the Attorney General only entered when asked to do so by the Sheriff. (2) If for any reason the Ada County Sheriff appeared to be compromised then the entire case would be turned over to the Federal Prosecutor for prosecution under the Federal RICO racketeering laws in collusion is committing multiple crimes within Ada County. Given the trail of crimes these past few months such as the e-scooter fraud case exposed by Plaintiffs Founder, the library fraud case exposed by the Freedom Foundation via civil suit and the ACLU slap down case of the City of Boise in the recent U.S. 9th Circuit Court of Appeals case where the Court concluded the City operated in violation of the 8th Amendment by administering, “cruel and unusual punishment”, then the Federal Prosecutor should have no problem handing down indictments. These 4 cases are believed to be just the tip of the iceberg of Mayor Bieters 10-year reign of corruption that will put Boise at the top of the most corrupt cities in the United States. (3) This civil suit will be turned over to a law firm to pursue to the fullest measure for Compensatory Damages, Pain & Suffering as defined in exhibit documents and Punitive Damages to the fullest amount allowed by a jury.
COUNT 1:
VIOLATION OF BOISE CODE SECTION 8-08
Case & Facts 1: On the morning of 1/7/19 Plaintiffs Founder noticed a small piece of paper about half the size of a bank check with writing on it hanging from a piece of line at his campsite on Sawmill Island that he had maintained in Adverse Possession since July 2017. The paper was not a form and was virtually dissolved from the snow and sleet from the night before such that only the word Police was recognizable. Plaintiffs Founder had not recognized the small note the night before.
Case & Facts 2: Plaintiffs Founder on the morning of 1/7/19 (before leaving for the day) posted two (2) 10 x 12 manila envelopes, one at the entrance to the campsite and another in front of his tent addressed to the Boise Police stating in black marker that this campsite was private property held in Adverse Possession as well as the entire island it was located on. On his return later the same day he posted an additional printed poster titled “NOTICE” (Exhibit F) giving more detail of Adverse Possession and that if the police entered it was trespassing.
Case & Facts 3: Plaintiffs Founder sent (via email attachment) NOTICE OF ADVERSE POSSESSION (15-page document completed in November of 2018) (Exhibit A) and an additional 2-page letter (Exhibit B) written on the morning of 1/7/2019 to Defendant. These two (2) documents stated in detail that Sawmill Island and the campsite were private property and that this intrusion by the police was a violation of private property under Idaho Statues and Idaho case law regarding the right of Adverse Possession. The letter to Defendant on I/7/2019 told a brief history of the Adverse Possession, that the possession was for the future benefit of the people of Ada County in that it would be turned over to a foundation for the preservation of natural land in perpetuity for the general public and such camp was required pursuant to Idaho Statutes and case law defining Adverse Possession. Both documents were in the hands of the Defendant at 1:03 PM (time of email sent) on 1/7/2019 and still the Boise Police went ahead with their illegal eviction and confiscation of personal property on private land on the morning of 1/8/2019.
Case & Facts 4: On returning to Sawmill Island camp the night of 1/7/2019 Plaintiffs Founder found a formal ticket form hanging from the aforementioned manila envelope sign posted at the entrance to the camp. The form stated that Plaintiffs Founder had 24 hours to leave the camp with all belongings or they would be removed (Exhibit E). The form ticket stated, “All property left unattended in this area after above clean-up date timeline will be removed.” The ticket specifically stated, “All property left unattended.” No property was left “unattended” until Boise Police Officers on the morning of 1/8/2019 ordered Plaintiffs Founder to exit campsite and come to where they were standing about 60 feet away and then ordered Plaintiff not return to the campsite area. This was the Boise Police scam to be able to say that the Plaintiffs Founders campsite was “unattended” and thus they could have everything removed in their personal opinion according to the wording of the form.
Case & Facts 5: There were 3 police officers on the morning of 1/8/2019 engaged in the removal of the campsite, two (2) were actually just outside the camp (referenced in Case & Facts 4) and one (1) just across Walling Ditch (flowing water) directly opposite the camp (about 40 feet away) who seemed to be directing the operation of the other two (2) officers. Plaintiffs Founder had a brief conversation with the one (1) officer who said that they had received Founders documents and an attorney had reviewed them and that Plaintiffs Founder “could not just claim property” and with a smile on his face said loudly “taxes.” Officers final words were that if Plaintiffs Founder resisted he would be arrested.
Case & Facts 6: Plaintiffs Founder was forced from the property on threat of arrest so a company contracted by Defendant could confiscate everything in the campsite pursuant to the form “Notice of Clean-Up and Removal” by the “Office of the City Attorney” “Pursuant to Boise Code 08-08, approximately” as stated on the form (Exhibit E).
Case & Facts 7: Boise Code Section 8-08-01 NUISANCE DEFINED states, “For the purpose of this Chapter, the term nuisance is defined to mean any condition or use of property which is detrimental to the health or safety of persons or the property of others or which is declared to be a nuisance by this Ordinance, or by any other State or Federal law.”
Case & Facts 8: Boise Code Section 8-08-02 ABATEMENT OF NUISANCE states, “Whenever a written statement that a nuisance, as defined by this Chapter, exists or is being maintained within the jurisdictional limits provided by Idaho Code, is received by the City Attorney or designee stating that the same is a menace to the public health or dangerous to the health or safety of the inhabitants of the City, the City Attorney or designee shall issue a notice requiring the owner or agent of the owner of the premises to remove and abate the nuisance from said premises within a time, not exceeding ten (10) days, to be specified in the notice.” Said notice shall be served by a Boise City Code Enforcement Officer or a Boise City Police Officer, by delivering a copy thereof to the owner, agent or occupant of the said property; or if the same is unoccupied and the owner is a nonresident, then by mailing the notice to the owner's last known address by certified mail.”
Case & Facts 9: Boise Police or Code Enforcement pursuant to “Section 8-08-02 ABATEMENT OF NUISANCE” are REQUIRED to submit a “notice requiring the owner or agent of the owner of the premises to remove and abate the nuisance from said premises within a time, not exceeding ten (10) days, to be specified in the notice.”
Case & Facts 10: No “10-day” Notice was ever served on the Plaintiffs Founder as required by Boise Code Section 8-08-02 only a 24-Hour Notice before the Boise Police arrived to remove the Plaintiffs Founder and his camp where such camp is required in Adverse Possession under Idaho Statutes.
Case & Facts 11: The ONLY place in Boise Code Chapter 8-08 where the 24-Hour Notice is allowed is under Section 8-08-05 STABLES, PIG PENS which states, “Every owner of any stable, pen, building or place in which any horse, cattle, swine, or any other animal shall be kept, or any place in which manure or any liquid discharge of such animal shall accumulate, shall cause such manure or liquid discharge to be placed and kept in a suitable receptacle completely enclosed and covered from flies, mosquitos or other insects; and such receptacle shall be kept in a suitable place on the premises and the contents thereof removed therefrom to some proper place at such intervals as shall be necessary and proper under the circumstances in each particular case.” There were no “STABLES, PIG PENS” on the island and never have been in the entire history of the island.
Case & Facts 12: “Notice of Clean-Up and Removal” left at Plaintiffs Founders campsite on Sawmill Island on 1/8/2019 is a document created by Boise City Attorney Office and so states at the top of the form using Section 8-08 of the code as it legal authority. The form itself is a blatant fraud in that at the top there are only two (2) boxes to check, that of 1-Hour Notice and 24-Hour notice. There is no reference in Boise City Code Section 8-08 for a 1-Hour Notice and the 24-Hour Notice aforementioned in Case & Fact 11 is ONLY in reference to “STABLES, PIG PENS” that have not existed within the city limits of Boise for many decades. The mere use of such a document by the City Attorney Office is a fraud and is criminal act in itself. The City Attorney is a board certified attorney in Idaho and not some country bumpkin with the IQ of a fence post making up city documents. “Notice of Clean-Up and Removal” form used to harass/intimidate and cause pain and suffering to Plaintiffs Founder is in itself a criminal document issued with clear intent to kept Plaintiffs Founder from Adverse Possession of Sawmill Island so corrupt city officials could in the future nefariously acquire the island for their own personal gain. Plaintiffs Founder KNEW this was going to happen and placed the same scenario of corrupt government officials on page 4 (paragraph 16) of his 15-page NOTICE OF ADVERSE POSSESSION completed at the end of November 2018 stating, “(16) Plaintiff has maintained constant residence in Adverse Possession of Sawmill Island as defined by Idaho Statute and Case Law since July 2017 (even through the winter) to protect the property. It is just a matter of time before some developer decides to acquire the property in whatever nefarious means needed (with the help from corrupt county/state officials) and start building condominiums or million-dollar mansions on the island to the exclusion of the public. Plaintiff seeks to acquire the property and transfer it into a non-profit foundation to be created for the enjoyment of the public in perpetuity.” Local government criminals are all the same across this country and does not take a “rocket scientist” to figure out their next move. Plaintiffs Founder waited, expecting the attack to come in some form between the Spring and end of Summer of 2019 which actually occurred on 1/8/2019.
Case & Facts 13: There is no authority under Idaho Statutes that allows for such a form as Boise City Code Section 8-08 that violated Plaintiffs Founders right of Adverse Possession of Sawmill Island which is for the benefit of the people of Ada County. County or city officials fabricating fraudulent forms to control and abuse the public using old out of date or even revoked local code from many decades in the past is the standard behavior Plaintiff has seen all over America in his life time. The case of e-scooters (Exhibit D) aforementioned in HISTORY is a form of this corrupt behavior where the city altered and fabricated new Idaho Statutes to allow illegal e-scooters on the sidewalks of Boise in order to fatten the financial coffers of the City.
Case & Facts 14: On 1/27/2019 Plaintiffs Founder submitted via email his itemized account of either damages or missing items that were at his campsite and total dollar amount to CTR Cleanup & Total Restoration, the company Defendant used to actually remove Founders camp. Total dollar amount was $274 of which Founder requested CTR pay for half. CTR responded within 3 business days to say they would do so and did within 2 business days via check. Plaintiffs Founder told CTR he holds no animosity for CTR or any of its people and sent the company all the documents up to 1/27/2019 that were sent to Defendant to show CTR employees that Defendant had acted illegally in order to intimidate and cause pain and suffering to Plaintiffs Founder for the aforementioned reasons already presented in this case.
COUNT 2:
VIOLATION OF ADVERSE POSSESSION
Case & Facts 15: As stated in Case & Facts 3, “Plaintiffs Founder sent NOTICE OF ADVERSE POSSESSION (15-page document completed in November of 2018) (Exhibit A) and an additional 2-page letter (Exhibit B) written on the morning of 1/7/2019 (via email attachment) to Defendant. These two (2) documents stated in detail that Sawmill Island and the campsite were private property and that this intrusion by the police was a violation of private property under Idaho Statues and Idaho case law regarding the right of Adverse Possession.” Defendant was fully informed that this was an invasion of private property and that the campsite was required as a dwelling under Idaho Statutes for Adverse Possession. Campsite was also posted with several aforementioned signs and an additional “NOTICE” (Exhibit F) in bold black computer print addressed to Boise Police, attached to a rope at both entrances to the camp stating that this was private property in Adverse Possession and that the Police were trespassing if they entered. In full knowledge of trespassing on private property in violation of Idaho Statutes and Idaho Supreme Court and Appellate Court rulings the Police continued to have CTR remove the entire camp after Plaintiffs Founder was forced out on threat of arrest.
Case & Facts 16: The campsite on Sawmill Island was located only within a 40-foot diameter area in what was once the “Mill Pond” for the sawmill where logs were floated in from Walling Ditch via the Boise River. The pond in the past 140 years has filled in partially via natural causes to some degree and the perfect spot for the temporary “shelter” as required by Idaho Statues under Adverse Possession, at least until a more permanent cabin suitable for the future resident manager of Sawmill Island Unincorporated Non-Profit Benevolent Association created on 3/1/2019. The campsite was not only the required resident location it was also a training area for the Plaintiffs Founder to test and experiment with numerous different survival methods of wilderness camping to be taught to future youth groups who will be welcome to wilderness camp on the island for one night periods once the Island is fully established under the Association. The campsite was in no way bothering anyone (totally isolated) and was in fact not observable from outside eyes because of its location on Sawmill Island that is protected by the free flowing cold water of Walling Ditch that circles the island. The attack by the Boise Police on the order of Boise City Attorney required a special event issue just because of the location of the campsite and its isolation on an island that requires the Plaintiffs Founder or anyone else to use wading boots to gain access. Plaintiff had resided on the island for the past 18 months and was never bothered by any public official of any type while he researched the history and legal aspects of the island as defined in the 15-page NOTICE OF ADVERSE POSSESSION (Exhibit A).
Case & Facts 17: Plaintiffs Founder repeatedly sent Defendant emails and letters attached to emails telling the Defendant to Cease and Desist Trespassing and Harassing Plaintiffs Founder in the month following their first visit on 1/7/2019 the day before 1/8/2019 when the entire camp was removed by contractor CTR Cleanup & Total Restoration on orders of Defendant.
Case & Facts 18: Plaintiffs Founder within days of the 1/8/2018 returned to and reestablished the camp on Sawmill Island in limited version.
Case & Facts 19: On 2/4/2019 Defendant again trespassed on Sawmill Island even after repeated warnings they were banned from the property and left another illegal 24-hour “Notice of Cleanup and Removal” ticket at the campsite (Exhibit G).
Case & Facts 20: On 2/5/2019 Defendants again trespassed on Sawmill Island in the middle of the day presumably to remove the skeleton of a camp but did not. Signs were posted at the entrance of the camp welcoming the general public to the island with further details (Exhibit H & I) on the island and a notice that the camp area was off limits. Plaintiff determined from the boot prints in the fragments of remaining snow that there were 3 people wearing wading boots (one a woman) that visited the camp. Nothing was taken nor moved in the camp as usually done to make a statement by trespasser.
COUNT 3:
VIOLATION OF U.S. 9TH CIRCUIT COURT OF APPEALS
Case & Facts 21: In the U.S. 9th Circuit Court of Appeals recent thrashing of the City of Boise for repeated constitutional violations regarding camping states, “We consider whether the Eighth Amendment’s prohibition on cruel and unusual punishment bars a city from prosecuting people criminally for sleeping outside on public property when those people have no home or other shelter to go to. We conclude that it does.” (U.S. 9th Circuit Martin v. City of Boise; September 04, 2018 decided no citation yet). Plaintiffs Founder was camped on his own private property of Sawmill Island in a shelter (insulated waterproof tent) as required under Idaho Statutes of Adverse Possession and was forcibly removed while adhering to the strict RULE of LAW under Idaho Statutes of Adverse Possession which pursuant to the 9th Circuits’ own words was “cruel and unusual punishment” prohibited by the 8th Amendment to the U.S. Constitution. There is NO camping law in Boise Code regarding private property and yet Defendant attacked Plaintiffs Founder for doing what he was REQUIRED to do under Idaho Statutes and case law for Adverse Possession. The issuing of fraudulent citation (See Count 1) and Plaintiffs Founder being forcibly removed along with his entire camp and possessions on threat of arrest is “cruel and unusual punishment” as defined by the 9th Circuit and a violation of Idaho Statues and case law of Adverse Possession. As stated in Counts 1 and 2 of this case the Defendant was fully informed beforehand that any such action was in violation of Idaho Law and still the Defendant proceed in order to cause pain and suffering to Plaintiffs Founder.
COUNT 4:
VIOLATION OF IDAHO STATUTES 18-2403-THEFT
Case & Facts 22: On the day of 3/4/2019 Boise Police violated Idaho Statutes 18-2403-THEFT when they stole Sawmill Island Managers tent and contents therein from the campsite on Sawmill Island in violation of the standing order banning Boise City employees or contractors hired by the City from entering on the property because of previous trespassing and theft of personal property by these people. Boise Police trespassed and stole the property, then called CTR (the same day) on 3/4/2019 to order a cleanup of the remains at the camp which totaled less than 2 cubic feet of light weight items so the criminal activity of the Police would be covered up by TCR interaction. In previous attack on 1/8/2019 only TCR Total Cleanup & Removal a private company actually did the work (while Police watched) and made the items available from their office in Garden City to the Plaintiff.
Case & Facts 23: On the afternoon of 3/5/2019 Plaintiff visited the office of TCR Total Cleanup and Removal Company in Garden City to talk to Rob Morishita who is the manager of the company branch. Plaintiff had dealt with Morishita in the previous 1/8/2019 incident where the interaction was always polite and professional on both parts. Plaintiff saw TCR as a tool the City used to do their dirty work and as protection from liability. Plaintiff personally questioned Morishita regarding who stole the tent and then put the order in to TCR. The question was phrased this way because TCR procedure would not allow what Plaintiff found as will be described as a theft with a serial criminal mind who leaves symbolic cryptic messages at the crime scene. TCR would remove the entire contents of the camp and leave nothing.
Case & Facts 24: Morishita stated “He was contacted on 3/4/2019 for a job to finish up on removal on the property for what was left that belonged to Christopher Burdge at the island property.” Morishita refused to give the name or contact information of the person who put in the order and said that he would contact the person and have them contact Plaintiff. The mystery person never contacted Plaintiff for reasons that will become obvious. After repeated request Morishita did relinquish the ORDER NUMBER of DR# 904282 given to TCR by the person placing the order. TCR was used to cover for the actual thief in this case. The ticket left at the campsite by TCR on 3/5/2019 was the same as the 2 previous ones except neither the 1-Hour nor the 24-Hour boxes were checked (Exhibit J).
Case & Facts 25: The manner in which the tent and camo tarp covering it were removed was like a serial killer leaving a message in the way they arrange their victims body. On entering the campsite crime scene just before dark Plaintiff notice 3 pronounce things regarding the missing tent. (1) The older ground tarp (moisture barrier) in which the tent sat on was totally un-disturbed; (2) The old worn out sleeping bag which was inside the tent and under the military triple grade zero-degree F sleeping bag set was laid out diagonally across the old ground tarp in the exact place as it was when it was inside the tent. It was not only laid out but also straightened up as if the perpetrator was making his own bed; (3) The 6 lines that held up the large camo tarp over the tent were each cut at the knot where they were attached to the tarp and each line was stretched out to full length and straight on the ground as if they were still tied to the tarp. Plaintiff has over a 1000 times set up and broke down camps in his 65 years and the lines laid out perfectly straight are impossible unless they were done so deliberately after the tent was fully removed.
Case & Facts 26: The ground tarp could be explained by saying that the theft did not want to get his hands dirty which is the typical behavior off the Boise Police in their pretty uniforms, if you have ever seen how they move around like the world is all contaminated. The methodical orientation of the sleeping bag and tarp lines tell a very definitive story that the perpetrator was a mentally sick individual sending the message that “I took your home (it use to be here defined by the lines) and you use to sleep on this old bag exactly where it is now but this time you will never see your home again unlike before when TCR took it and you got it back.” Only a disturbed person(s) would deliberately do the sleeping bag thing and lines to satisfy an inner sickness as retribution for Plaintiffs exposing the City of Boise and Police for their violation of Boise Code, Idaho Statutes and Federal Law in the first violation of the camp on 1/8/2019.
Case & Facts 27: The individual(s) who did this should be investigated regarding unsolved murders, attempted murders, assaults rapes etc. in any place they worked or lived at before and especially in a law enforcement capacity. This was bazaar mentally ill behavior at its most basic denomination. The Boise Police and City of Boise have a real nut case working for them.
Case & Facts 28: For 11 days straight the Plaintiffs Founder sent Boise Police, Boise Mayor Bieter, Boise City Council and City Attorney a 3-page letter, “BOISE POLICE-RETURN STOLEN PROPERTY” demanding the return of the stolen property now itemized at $636.97. No one has ever responded for understandable reason, they are as guilty as sin. Boise Police are supposed to be protectors and defenders of the law and instead they are the perpetrators of the crimes.
Case & Facts 29: On 3/22/2019 Plaintiff sent to each of the 6 Boise City Council members an email with attachment of itemized items stolen by the Boise Police on 3/4/2019. The email stated that to resolve the conflict the City needed to reimburse the amount of $1572 plus $636.97 for a total of $2208.97. If this amount was not paid, then the civil suit already sent to Defendant (but not filed) would be expanded and completed and thereafter turned over to a law firm to handle in Idaho District Court here in Ada County for not only the damages asked for but also for pain and suffering and punitive damages to the fullest amount a jury would award.
COUNT 5:
Idaho Statutes 18-7001-MALICIOUS INJURY TO PROPERTY
Case & Facts 30: Counts 1, 2, 3 & 4 of this case all have repeated violations of Idaho Statutes 18-7001-MALICIOUS INJURY TO PROPERTY. In each Count the Defendant knowingly and willfully trespassed on Sawmill Island and especially the camp area there even after Plaintiff posted signs for Boise Police and city employees to keep out and not trespass. In doing so Defendant stole and vandalized property there INCLUDING the theft of the no-trespassing signs and rope that suspended them. Defendant also was repeatedly informed via letters and emails beginning on 1/7/2019 the actual day before the theft of the first camp on 1/8/2019. No Defendant especially employees thereof could possibly be more informed that they were violating the "RULE of LAW" with trespassing being the first.
CONCLUSION
The RULE of LAW of federal, state and local law was destroyed the morning of 1/8/2019 by the Defendant. Defendant was given the chance to act like an adult and deal with this situation and failed. Plaintiffs Founder endured compensatory loss, work in recovering stolen property and pain & suffering as defined in the first Tort Claim document request. Defendants continued behavior of “LAWLESSNESS” has left the Plaintiff with no choice but to file suit for compensatory damages, pain & suffering and compensatory damages to the fullest extent the jury deciding this case will allow.
WHEREFORE:
- Plaintiff request the full amount of compensatory damages to the amount of $2208.97.
- Plaintiff requests the maximum amount of damages for pain & suffering allowed by jury award.
- Plaintiff requests the maximum amount of punitive damages allowed by jury award.
- Plaintiff request all court and accessory cost relating to this case.
- Plaintiff request reasonable attorney fees if appropriate.
PLAINTIFF FOUNDER CHRISTOPHER BURDGE
https://sawmillisland.weebly.com/
Christopher Burdge______________________________________Date__________________
TORT CLAIM TO BE FILED AGAINST CITY BEFORE JUNE 1, 2019
FIRST TORT DOCUMENT REQUEST FOR DAMAGES
TORT CLAIM REQUEST TO CITY OF BOISE IDAHO FOR COMPENSATORY (loss of personal items), WORK AND PAIN & SUFFERING DAMAGES REGARDING THE ILLEGAL TRESSPASSING ON PRIVATE PROPERTY AND REMOVAL OF ENTIRE CAMP ON SAWMILL ISLAND BY BOISE POLICE WHERE SUCH CAMP SHELTER IS REQUIRED UNDER IDAHO STATUTES OF ADVERSE POSSESSION
The camp removed by CTR Cleanup & Total Restoration on the orders of the Boise Police (camp established since July 2017) was equipped to survive in any weather conditions using the most basic simplified equipment. The tent was a basic small dome tent covered by layers of blankets for insulation and a 12 x 10-foot camo tarp suspended in V shape just over and touching the tent but not placing weight on the tent for heavy snow conditions which crushes such tents. The camp was set up as a long term headquarters for Adverse Possession of Sawmill Island until the island was turned over the Sawmill Island Unincorporated Non-Profit Benevolent Association for the enjoyment of the people of Ada County. The tent campsite is to be replaced by a “Tiny House” under local building code (less than 400 square feet) for the headquarters and resident manager of the island. The camp was also a training camp where Plaintiffs Founder experimented with different survival methods and equipment of unusual types in every facet to be taught to youth groups that would be allowed to primitive tent camp on the island (once island is fully opened up) and learn what the real natural world at night is about which is not a walk down the greenbelt with bright lights like most people think.
The illegal removal of the entire camp by CTR on the orders of the Police occurred during the winter months of nightly temperatures between 15 and 25 degrees Fahrenheit, that is between 7 and 17 degrees below the freezing point of water. Plaintiffs Founders home was stolen illegally from his private property requiring him to fall back on basic supplies hidden where he slept not in and insulated tent but in the open with a basic tarp suspended over him for rain and snow in the first week after the theft of his home in order to maintain legal control of the island.
EVERYTHING was removed disrupting Plaintiffs Founders life and routine that was safe for a survivalist he had become during his life time of travels around the world including the military years. Plaintiff is tough at over 65 years of age or he would have been dead long ago BUT such hardship put upon him by Boise Police in direct violation of both Idaho Statutes, local Boise Code and the U.S. 9th Circuit Court of Appeals standard of the “Eighth Amendment’s prohibition on cruel and unusual punishment” in the recent Martin v. City of Boise is inexcusable and needs to be compensated for. This act of brutality was both mentally and physically barbaric and meant to intimidate and cause pain and suffering to Plaintiffs Founder in the case as retribution.
People think their lives are hard getting up from their warm beds in a warm house and driving to work in their warm cars with all the modern conveniences at their fingertips. Let them have the Boise Police show up at their door one morning in sub-freezing temperatures and tell them they have to leave their home or be arrested and that their entire home and contents would be removed and see what mental and physical strain they go through. The actions of the Boise Police on orders from Boise City Government was retaliation for Plaintiff previous aforementioned e-scooter document (See civil suit attached) for exposing the Mayor and City Council for their direct criminal activity the same way the Freedom Foundations recent suit filed against the city for criminal activity in violation state law in bond/referendum issues regarding the proposed new library and ball park. It was also resentment by the officials of the City of Boise for Plaintiffs Founder removing a pristine piece of natural land and history that sat right under their noses for decades and preventing these corrupt individuals in charge from selling it off to a developer and the loss of future tax base it would have produced.
This act was a deliberate retaliation against Plaintiffs Founder that cause extreme pain and suffering, work and financial material loss that needs to be compensated for. Idaho Statutes allows for compensation for compensatory loss, pain and suffering and punitive damages in civil suits. Punitive damages awards are not allowed in Tort Claims which would be considerable if this goes to court. This goes to court the Chief of Police, Mayor of Boise and every Boise City Council Member will get a subpoena to testify in front of a Jury of Boise citizens and explain why they all violated every manner of law.
Cost incurred that Defendant can legally be charged under the laws of Idaho is the remaining half of personal items lost (CTR already paid half of the $274 or $137 on 1/30/2019) plus one year of storage rental of a 5x 5 foot (smallest available) of $31 per month plus $15 opening fee and 3 times the total of the combined amount for work, pain, suffering and hardship Plaintiffs Founder endured during this illegal action by Defendant. The storage facility exists directly behind CTR office in Garden City and they personally transported the camp items there for Plaintiffs Founder as a personal favor after Plaintiff inventoried all items in their shop.
On 1/27/2019 Plaintiffs Founder submitted via email his itemized account of either damages or missing items that were at his campsite and total dollar amount to CTR Cleanup & Total Restoration the company Defendants used to actually remove Founders camp. Total dollar amount was $274 of which Plaintiffs Founder requested CTR pay for half. CTR responded within 3 business days to say they would do so and did within 2 business days via check. Plaintiffs Founder told CTR he holds no animosity for CTR or any of its people and sent the company all the documents up to 1/27/2019 that had already been sent to Defendant to show CTR employees that the Defendant had acted illegally to try and intimidate and cause pain and suffering to Plaintiffs Founder for the aforementioned reasons already presented in this case.
The Boise City Government may wish to for once act like mature adults like CTR and quickly write the check for the full amount or face an embarrassing and financially costly law suit. The world is closing in on people of bad behavior where people like Founder and the future organization he creates to go after them and organizations like the Freedom Foundation and ACLU will no longer tolerate such wanton violation of law and individual rights especially the rights of those who served their country. Pay the full amount or the attached suit gets filed and every dirty detail of the city officials involved get exposed in front of a jury so all in Boise really understand just how crooked their elected are.
Half of $274 is $137; One-year storage rental $31 x 12 + $15 is $387; $387 + $137 times 3 for pain and suffering equals $1572 TOTAL AMOUNT $1572.
Defendant has 30 days from date of this document to have the full financial amount in Founders hands. An apology from the Defendant would be the mature ending but Founder will not hold his breath.
Christopher Burdge-Founder & Agent Sawmill Island Unincorporated Nonprofit Benevolent Association.
770 S 13th St Unit 6725
Boise ID 83707
Email: [email protected]
CORRUPT CITY AND HENCHMEN BOISE POLICE ATTACK AGAIN
On the 4th & 5th of March 2019 the Boise Police struck again without any notice and stole the Managers tent and total contents from the private property of Sawmill Island where they have been repeatedly band from entering. The below email and letter attachment will be sent everyday until the stolen property is return. It will be interesting for the public of Boise and Ada County to see how long the police thieves hold out with the stolen property.
EMAIL SENT EACH DAY UNTIL STOLEN PROPERTY RETURNED
RETURN STOLEN PROPERTY
More options... Show Actual Message Block Sender Block Sender & Delete All
From: [email protected]
To: [email protected], [email protected], [email protected]
Cc: [email protected], [email protected]
Date: Thu, 07 Mar 2019 15:11:20 -0700
Download RETURN STOLEN PROPERTY(1).docx (16,379 bytes)
To all those involved,
The attached letter will be sent every day until the stolen items
are returned. It will also show up in the websites reference in the
letter and assuredly in the court room as civil suit evidence and
during the election period so the Mayor and city council members
can be seen for whom they really are.The emails will be labeled for
each day until ALL stolen property is returned. I'm sure the voting
public and members of the jury in court will find it interesting as
to how long it will take.
LETTER ATTACHED TO ABOVE EMAIL SENT EACH DAY UNTIL STOLEN PROPERTY RETURNED
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
BOISE POLICE-RETURN STOLEN PROPERTY
March 7, 2019
On 3/5/2019 I sent Tort Claim request for damages, a 2-page document along with the 1-page form accompanied by the already prepared civil suit (not filed yet) against the City of Boise to the Boise Mayor, City Council, City Attorney and Boise Chief of Police regarding the illegal trespassing and harassment of myself and the Sawmill Island Unincorporated Nonprofit Benevolent Association that now controls the island property. I had hoped that the police and city government had grown up and thus had not yet filed the aforementioned documents to see if this was the case. You have NOT grown up and thus the filing and legal process needed to be moved forward.
In the email that had these attachments was the most recent account on March 4 and 5 of 2019 attack on the Sawmill Island Unincorporated Nonprofit Benevolent Association and the Founder and Manager Christopher Burdge. In the past attack on 1/8/2019 that precipitated the Tort Claim and Civil Suit the City of Boise used a contractor TCR to do their dirty work as a culpability shield for their action and a fraudulent city ticket form created by the city attorney (See lawsuit).
On the day of 3/4/2019 the Boise Police and not TCR stole Managers tent and total contents therein from the campsite on Sawmill Island which pursuant to Idaho Statutes is required as a presence of dwelling on the property in Adverse Possession. In previous attack on 1/8/2019 (subject of lawsuit) only TCR a private company for cleanup and removal actually did the work and made the items available from their office in Garden City to the owner. The Boise Police don’t do anything that will get their pretty uniforms dirty or ruffled especially the bike squad unless they are desperate, or vindictive behavior or creating a situation to cover for their previous screw up. The Boise Police on 3/4/2019 deliberately ventured onto the island and removed the tent to make sure that TCR did not remove it so that I would not get the tent or contents back again (they stole it) so I would not retrieve the tent and set it up again on my own private property as required under the law. The police then called CTR (the same day) after their theft crime on the 3/4/2019 to order a cleanup of the remains at the camp which totaled maybe 2-3 cubic feet of light weight items so the police criminal activity would be pointed at TCR. I was being punished by the police and such act was a warning in this that if I protected my property I would pay for it by illegal confiscation of all personal items there.
Such childish arrogant behavior constantly gets the city of Boise in trouble that in the end terminates the careers of those involved from the Mayor on down to those who actually committed the crime. What happened on 4 & 5 of March, 2019 and before will not go unanswered any more than the scam of the Mayor wasting 12 million dollars on a big name architectural firm from Utah for the 100 million dollar plus library that he was going to have built in direct violation of Idaho Law without referendum by the people now exposed by the lawsuit of the Freedom Foundation. Let’s not forget the ballpark that is not going to happen for the same reason.
The website url below is the beginning of the site for Sawmill Island which includes only limited documents regarding the illegal activity by Boise City Government in its attack on me for obeying the Rule of Law, something the City of Boise just cannot comprehend doing. This site will be tagged to all the other sites created in a spider web network exposing the Mayor and those on down the food chain of corruption including the e-scooter scam and the library crime exposed by the Freedom Foundation and the recent US 9th Circuit Court of Appeals Ruling that was a real ass chewing for the City of Boise (the list is long and will go back over the past 10-years of Mayor Bieters reign of power. The criminal activity on Sawmill Island by the Boise Police and city government will have its own special website with all documents relating to it on file in it so the public can really get the taste of the corruption in their city government. Every time city officials of any type violates the sanctity of Sawmill Island only creates exponential damage to the Mayor and on down for it will once the sites (dozens of them) get updated daily by people I hire to run them will make Boise look like the white collar crime capital of America run by a corrupt Mayor and City Council and protected by their henchmen the Boise Police.
“Old Money” and influential people will be backing me not only with Sawmill Island but with all the other bad issues created by the Mayor and City Council of Boise where the political field of Ada County will look like the landscape of Alabama after the tornados ripped it apart last week. Between the lawsuits and political exposure at election time Mayor Dave Bieter is heading for the exit door politically and probably some jail time in the “Big House.” Websites and political opposition will eviscerate Mayor Dave Bieters career along with City Council members and tag them for the rest of their personal lives as individuals that no one should ever trust.
Whatever city official (police) stole my tent and all contents on 3/4/2019 will return ALL of it to the business location of TCR in Garden City where I will pick it up after that office informs me. The contents include military grade equipment which will cost the city a lot of dollars to replace. Time to grow up boys and girls and stop such childish behavior.
This letter will be entered into the current Sawmill Island website “Part 2 Corruption at City Hall.” It will later (by this Summer) have its own website devoted entirely to the attack events on Sawmill Island and be tagged to that website for easy access for readers. RETURN THE STOLEN ITEMS NOW.
https://sawmillisland.weebly.com/
Regards,
Christopher Burdge
PO Box 6725
Boise ID 83707
Manager of Sawmill Island Unincorporated Nonprofit Benevolent Association
LETTER SENT TO EACH MEMBER OF BOISE CITY COUNCIL
[email protected],[email protected],[email protected]
[email protected],[email protected],[email protected]
Council Member TJ Thomson,
Council Member Lisa E. Sánchez,
Council President Pro Tem Elaine Clegg,
Council President Lauren McLean,
Council Member Scot Ludwig,
Council Member Holli Woodings
March 17, 2019
In the past several days I have sent to the 31 State Senators and Representatives for Ada County valley area an email with 3 attachment letters. As those letters and the referenced website for Sawmill Island https://sawmillisland.weebly.com/ shows, Mayor Dave Bieter is a disturbed individual. ALL documents have been sent via City Council email to Boise City Council members and NOT ONE of you council members have said one word. This makes all of you just as culpable in both civil and criminal actions as Dave Bieter and just as liable. I recommend that you take this very seriously and read the entire website https://sawmillisland.weebly.com/ which is only part of the full story and especially the Civil Suit and Tort Claim document in PART 2 of the site. I strongly suggest that you 6 council members corner Bieter in a small room and get him under control for if you fail then you are all just as guilty as he is and all those involved will be pursued via civil and criminal charges, via the internet in dozens of websites exposing every detail (past, present & future) so that the entire United States will see Boise as a joke and an embarrassment with the names of those involved tagged to it. As stated in the legislator letter, Boise will look like the City of Detroit of today because no businessman will even consider moving his business or family to such a corrupt fake location run by Bieter or another crook like him. I have run into 100’s of individuals like Bieter all over the world and all have the same core disturbed mentality of obese egos in that no one can get to them and they answer to no one. The below story of a recent conflict with another Bieter character from Nevada is worth reading to understand the seriousness of what is going on right here in Boise and the consequences.
In 2004 I invested a small amount of money in a small gold mining company (bought company stocks) in the country of Colombia. What I did not realize at that time was this company was a front being used by the CIA to propagate the 27-year revolution between FARC and the Colombian Government where the CIA play book was always play on side against the other which resulted in the deaths of thousands of people. I had to wait 14 years until peace was made between FARC and the Government in 2017 to go after those who did this relating to the company. My detail written analysis of what happened and the names of those in country was well received by the Colombian National Police and Military. All I asked for was the truth about my analysis of the event. About 3 months later I got a letter from Military Interpol of Colombia that said I was correct and the Interpol investigation was completed and was handed to the top federal prosecutor for justice to be rendered. At the same time, I also sent all documents to the top 30 newspapers in Colombia so that the people could get their own justice from operators still in country for the deaths of friends and relatives over the 27-year period.
The story does not end in Colombia but gets transported to the State of Nevada and Adam Laxalt the then Attorney General of the state who was at that time running for the Governor’s seat. The same mining company had changed venue to Nevada allegedly in 2010 and had been secretly protected by Adam Laxalt and friends with the company address (fake address) at a major American bank base in Nevada, no doubt to launder money. Adam and friends in Nevada Government refused to investigate the company or acknowledge anything so I mailed out all the documents like I did in Colombia to the newspapers in Nevada and the front runners for Governor opposing Laxalt 4 months before the election. At that time Laxalt was about even with his nearest opponent and by June 6, 2018 on election day Laxalt ended 6% behind the winner. Adam lost not only the Governor’s seat which his grandfather once sat in but also his job as attorney general. The Laxalt family is a powerful political dynasty going back generations in Nevada and Adam had become a terrible embarrassment and now shunned by the family according to my inside man in Nevada.
Laxalt story goes deeper in that he was a military JAG Officer “Stationed” in Afghanistan before Nevada. JAG Officers are not stationed in combat areas UNLESS there is something really big in legal terms that is continuous and ongoing related to military personnel. JAG Officers stay in their clean offices state side and send tough Military Police investigators into combat zones to investigate and take depositions and transport military prisoners back to state side. The only thing big enough in Afghanistan in the Bush and Obama period was US soldiers revolting against having to stand guard on the Poppy Fields which means opium and heroin which was a ONE TRILLION $Dollar total worldwide enterprise for the CIA and drug lords in that country. That is 1000 $Billion Dollars so the then sick psychopath CIA could operate worldwide with plenty of funding. For such things the military would need a corrupt JAG Officer with future political aspirations to keep the lid on this by threatening soldiers with their careers, their lives and the lives of family members. My investigation of Laxalt will continue as time prevails and information flows in as to what his involvement was. Don’t know what happened to poor little Adam but I expect he is back with his mother in Washington DC for protection as she was/is a powerful lobbyist in D.C. for he is an embarrassment in Nevada for many reasons.
My point in this story is that Bieter is no different than Laxalt in that his extreme ego prevents him from seeing that there is always an invisible hand that sooner or later slaps crooks like him down. Right now those slaps are increasing and coming from different direction like the library and ballpark scam he was caught in by the Freedom Foundation and the e-scooter fraud scam I personally caught him at (e-scooter scam is in attachment) and why Bieter wants vengeance against me. Bieter is a disaster for Boise and Ada County, a virtual lightning rod that will be struck repeatedly for his litany of corrupt events directly related to him. If the 6 members of city council fail to immediately stop this character then you all are just as guilty in criminal charges, in civil suit action and in political and public venues. If you fail all 6 of you will receive subpoenas in the Civil Suit (See PART 2 of website) and you will explain under oath in front of a jury why you did nothing. Bieter and the Boise Chief of Police will be first in line. If Immediate action is not taken this case will go to the Ada County Sheriff for criminal investigation and prosecution. Letter from Idaho Attorney General a few weeks ago explicitly stated that it is the Sheriff of the county of offense that is responsible for this action. If the Sheriff stumbles for some reason which happens then it will go to the FBI for investigation under the Federal Rico laws.
All 6 of you need to confront Bieter in close quarters and demand the following of him.
- Stop the childish Gestapo behavior by the little boys and girls wearing Boise Police Uniforms or any other city employee at any level from trespassing on Sawmill Island again. The island has always been open to the public but is closed to any government official of any form because of the ongoing criminal activity by them.
- Cease and desist all negative interaction with either me the Founder and Manager of Sawmill Island Unincorporated Nonprofit Benevolent Association or the Association itself.
- Pay the full financial compensation defined in the Tort Claim document posted in Part 2 of https://sawmillisland.weebly.com/
- Return of to the designated location tent and all items stolen on March 4th and 5th of 2019 OR the itemized $ payment for such items I will provide. (see attachment).
Bieter’s career is already over because of what he has dome to me and many others he has financially ripped off in the library and ballpark scandal not to mention the e-scooter charade of altering Idaho Statute text to allow e-scooters on the sidewalks of Boise. The further investigation of his past years as Mayor and all the scams I believe he ran in those years will be plastered all over the internet and regular news agencies making the “Mayberry” state capital of the NW United States the laughing stock of this country. The question is how many of you council people want to go down with him?
About 4 years ago I returned to my home state of Florida in Palm Beach County to spend the winter with by best friend of 50-years to fish and catch up on old unfinished business. A week before I left the Palm Beach Post News Paper had on the front page that the 3 out of the 5 county commissioners for Palm Beach County had just been sentences to jail time for corruption and the remaining 2 were going on trial for the same. These same commissioners cloaked themselves in the titles as elected officials that no one could touch just like Bieter has, as did the Colombian CIA operatives and Laxalt did and look what happened to them. The question is are you 6 Amigos going to join the club.
Regards,
Christopher Burdge
PO Box 6725
Boise ID 83707
Email: [email protected]
LETTER SENT TO IDAHO STATESMAN NEWSPAPER
President and Publisher
Rebecca Poynter
Idaho Statesman
1200 North Curtis Road
Boise, ID, 83706
March 11, 2019
About 2 months ago I sent the Idaho Statesman News a detailed legal letter using strictly Idaho Statutes showing that Boise Mayor Dave Bieter and City Council had committed fraud in the e-scooter scandal. My document also went to the Idaho Attorney General and Sheriff of Ada County asking for a criminal investigation and also to the ACLU and the Freedom Foundation for their review. I was just told by a friend who had the document that the Idaho Legislature is now having to deal with the debacle of criminal behavior of the city officials and I expect the State will bail them out in some way to save face. I will check on all this when time is available and finish the website already created to expose the deliberate fraud by Boise Mayor Dave Bieter and City Council.
Another illegal issue created by the City of Boise and not yet know to the Idaho Statesman is the repeated attack on the Founder of Sawmill Island and the Sawmill Island Unincorporated Nonprofit Benevolent Association created to protect Sawmill Island from corrupt city officials and land developers. As Founder and Manager of the Sawmill Island Unincorporated Nonprofit Benevolent Association I have created a website with url https://sawmillisland.weebly.com/ which currently is still being built and has the major documents regarding the historical and legal issues of it. As stated in the civil suit incorporated in PART 2 of this website the city has violated its own City Code, has violated Idaho Statutes of Adverse Possession and has violated the recent U.S. 9th Circuit Court of Appeals ruling in Martin v City of Boise that thrashed the City of Boise for cruel and unusual punishment of individuals.
The civil suit prepared but not yet filed against the city as well as the TORT CLAIM demand for damages explain in detail the evil intent to do hard to me not only as retribution for my exposure of the city in the e-scooter scam but also their future tax base lose because Sawmill Island Unincorporated Nonprofit Benevolent Association which now holds the property in Adverse Possession for the enjoyment of the people of Ada County cannot be taxed pursuant to Idaho Statutes. Founder protecting this pristine historical property also prevents the city from nefariously acquiring it and selling it off to a land developer for condominiums to further fatten the coffers of the city and I expect the personal pockets of city officials.
Not incorporated into PART 2 of the website is the most recent attack by the city via their henchmen the Boise Police in order to drive Founder from the property so the city can steal it. The latest’s attack (not in the website yet) was out right theft of Founders personal property from Sawmill Island on 3/4/2019 that is private property specifically defined as off limits to the Boise Police and all other city officials because of past violations. The email and the letter in its attachment that are attached to this letter, demand the return of the property stolen by the Boise Police. No response from anyone has occurred which is to be expected from cowardly little boys and girls wearing costumes portraying to be real police officers. As stated in the email the letter and email will be sent out each day to the Boise Mayor Dave Bieter and City Council, to the City Attorney and to Boise Chief of Police until the stole property is returned.
Founder and Manger will in the near future create a fund raising where people can guess how many days it took for the thieves to finally return the property. This raffle will have its own website tagged to the Sawmill Island https://sawmillisland.weebly.com/ site with all the documents about the 3/4/2019 theft with the complete story that their public servants the Boise Police and Boise City Officials are not here to protect anyone or enforce the law but are just common thieves wearing uniforms and working for corrupt city officials. In the future every time people visit https://sawmillisland.weebly.com/ or Sawmill Island itself where the story will be on display the public will be reminded of just how corrupt their city government is/was and the people therein who were the players who pursuant to the U.S. 9th Circuit Court of Appeals ruling in Martin v City of Boise perpetrated “cruel and unusual punishment” on the Founder because he obeyed the “RULE of LAW” which Mayor Bieter finds so repulsive. This is the face of your local government and the Idaho Statesman should take a look at it.
In the next 12 months there will be a network of individual websites all linked together like a spider web exposing each issue of the City of Boise corruption and the people involved so all the people of this country will have all the information at their fingertips to make their own conclusions about the viability of Boise as a business destination and as a place to move their families to.
The recent $112,000,000-million-dollar library scam perpetrated by the Mayor and City Council that was caught by the Freedom Foundation here in Boise via a lawsuit against the City which Mayor Bieter called “Silly” is just one of the many scams that will be exposed going back through many years of his regime as Mayor that will be published in timeline fashion as an anatomy of a city more corrupt than Washington D.C. Just look at the waste of paying $12 million dollars to a high priced architectural firm from Salt Lake City for the now defunct library scam gives one a good look at how Mayor Bieter and City Council handle the people’s money.
Founder and Manager, Christopher Burdge of Sawmill Island Unincorporated Nonprofit Benevolent Association has endured and still does endure repeated attacks and abuse by the corrupt officials of Boise City Government. The days are counting out for the thieves of Boise City Government whow have yet to return Founders property stolen on 3/4/19, the clock is still ticking.
Regards,
Christopher Burdge
Sawmill Island Website https://sawmillisland.weebly.com/ has all the important documents to review including the Tort Claim request and civil suit. Please review the site for information. Understand I am NOT a website developer and the site is still in progress which will be turned over to a professional in the coming months along with all other sites referenced and to be create for all the antics of Mayor Bieter, City Council and Boise Police.
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