Do you want to learn some municipal law? (Nevada: home, lease)

[Mason Peargate]

Originally Posted by Rhonda Appelgate

Don Juhl, Jerry Gull, Mike Tupper, Dana wipperman, and council members have lied to the citizens, and the first 4 mentioned men misrepresented the facts in court on March 21st. and need to be removed!

Well Rhonda, when did you become so mean, and slanderous. I assume since you are such a legal whiz you know the definition of slander?

1. Law Oral communication of false statements injurious to a person's reputation.
2. A false and malicious statement or report about someone

I believe it is safe to say that the four men mentioned above are only liars in your opinion.

It is an obviously malicious statement made strictly for your own personal gain.... for being so noble and community spirited.... slander like that just doesn't seem to fit into your self description....

Mason Peargate, III

[Rhonda Appelgate]

Nevada city officials have been allowed to take away from me things that belong to me, and they have done this by preying on my lack of money, and lack of legal knowledge. I have been fighting from 2003 to current date, I have not only complained, but I have taken the time to be involved in city issues, and even taken the time to run for office. I will also run for Mayor of Nevada again in 2009. I would not consider this being a criminal, or a unstable person who is going to go postal, or do anything but fight for justice, and do so within the bounds of the law.

Yet the Nevada city officials tried to portray me as an unstable person before the Judge on March 21, at a hearing for temporary injunction. They also complained to the judge because as Nevada city attorney stated on the stand I have "Nagged, and annoyed" the city officials. Don Juhl went on to compare my actions to a marriage. Don stated, " I'll compare it to if you and I were husband, and wife, it is the same how a wife Nags her husband"

These are very abusive men, who misrepresent the facts, and laws in court, and to the people, and they need to be removed! Don Juhl was not alone that day. Jerry Gull stated to the JUdge that I obstructed the firechief, and his dept from doing their job at a house fire by my home, and Dana Wipperman stated on the stand that I got him off track in his thoughts. They were trying to portray my actions as illegal, but if that was such they could have had the police arrest me, but that did not happen, because I did nothing illegal, but they still tried to portray that in court. Dana Wipperman is just a dangerous Puppet!

Also Jerry Gull in court stated I did the same thing to Nevada police in some of their investigations, and Police chief Tupper insinuated on the witness stand that this was true, but again there are no arrests that have ever taken place. Again Tupper is another Dangerous puppet!

Council member Andy Kelly made a report with Tupper about a private phone conversation, one of several mutual conversations I have had with Kelly. Our council members in the past have asked our police chief to warn me not to contact them, send e-mails, etc. and when this didn't work, because I have the right to contact them since they are delegated reps Andy and the chief took it to a more dangerous level, hoping to scare me into submission, since I wasn't submissive to Tupper.

We indeed did have a conversation, but I did not make any threats in that conversation, it was simply a conversation, and statements were made on both sides. Yet Andy took it to a dangerous level, and tried to cause me intentional harm! Tupper contacted assistant county attorney, Brian Barker.Barker stated that he wanted to consult with Assistant story county attorney, Keisha Creitsinger about this case, as she prosecutes alot of cases.

On August 15,2007 Barker returned Tupper's phone call. Barker stated that his office has not had time to conduct a thorough review but would do so soon as possible. Barker stated that their initial opinion is that Appelgate's statements to Kelly could be protected political speech. Barker stated he will research this however and would get in touch with me after he has had time to do this.

On Wednesday, August 29, 2007, Assistant Story County attorney Brian Barker contacted Tupper via telephone regarding Appelgate's Incident. Barker stated that he had staffed this situation with other attorney's in his office and a decision has been made that Appelgate's alleged comments to Andy Kelly did not amount to criminal harassment. BArker stated that his office would not support a criminal prosecution against Appelgate in connection with this alleged incident!

The city has been told in several different ways, and by several different people that Rhonda Appelgate is not breaking any laws, but basically just envoking her rights as a citizen of the United States, and as a citizen of the town of Nevada. Rhonda Appelgate is simiply envoking her right to petition for redress of grievances that have been done to her when city officials denied her things that legally belonged to her, and when they continue to try and damage Rhonda's character, credibility, or defame her name by making statements that would lead citizens or judges to think that Rhonda Appelgate would cause damage to anyone simply because she has been denied things.

Rhonda Appelgate has done nothing illegal, but the city of Nevada officials have, and they have abused the power, and trust, bestowed upon them thru Nevada's system of delegation! These abuses are very serious and need to be stopped, and the only way to do that is to bring the people together to remove those abusive officials! The courts can only award damages to Appelgate for the harm she has been forced to endure. If the people don't know the truth, and facts they can't act, and this is why the Nevada city officials are trying to shut me {Rhonda Appelgate} up, and deny me my right, and obligation to petition for redress of grievances, and to also deny me my right to run for office, so I can ensure these abuses do not continue!

[Rhonda Appelgate]

Originally Posted by Mason Peargate

There is no question that people should be involved in their local and national governments. But that means working with the system for the betterment of all.

Just harassing public officials and keeping them from their work, and endangering others for your own personal gain doesn't really qualify.

Mason Peargate, III

I have reason to believe this anonymous poster has very close connections to city of Nevada officials from information he has posted on other sites I have posted on. He knew about a potential settlement conversation that was made the very day I had a private conversation with attorney Jason Palmer, who had contact with attorney Don Juhl, and Mayor Jerry Gull. We were the only people who should have known about the settlement offer, but anonymous poster Mason Peargate III posted this information on Glurb.com and that site's administration were "Nevada people" This information was sent to me via that administration, and exposed in the article that was printed in Ames life, and times section.

I also find it odd, or sarcastic that his anonymous name mirrors my real name.
Rhonda "Appelgate" Mason "Peargate" Apple, and pear, does anyone else find that interesting?

[hoohoohaa13]

Originally Posted by Rhonda Appelgate

The city has been told in several different ways, and by several different people that Rhonda Appelgate is not breaking any laws, but basically just envoking her rights as a citizen of the United States, and as a citizen of the town of Nevada. Rhonda Appelgate is simiply envoking her right to petition for redress of grievances that have been done to her when city officials denied her things that legally belonged to her, and when they continue to try and damage Rhonda's character, credibility, or defame her name by making statements that would lead citizens or judges to think that Rhonda Appelgate would cause damage to anyone simply because she has been denied things.

Rhonda Appelgate has done nothing illegal, but the city of Nevada officials have, and they have abused the power, and trust, bestowed upon them thru Nevada's system of delegation! These abuses are very serious and need to be stopped, and the only way to do that is to bring the people together to remove those abusive officials! The courts can only award damages to Appelgate for the harm she has been forced to endure. If the people don't know the truth, and facts they can't act, and this is why the Nevada city officials are trying to shut me {Rhonda Appelgate} up, and deny me my right, and obligation to petition for redress of grievances, and to also deny me my right to run for office, so I can ensure these abuses do not continue!

Wow. Toot your own horn much? I like the whole talking about yourself in the 3rd person. I thought Nevada was out west, not in Iowa? Don't worry, the world really is against you - it's not your imagination!

[Rhonda Appelgate]

Originally Posted by Mason Peargate

Well Rhonda, when did you become so mean, and slanderous. I assume since you are such a legal whiz you know the definition of slander?

1. Law Oral communication of false statements injurious to a person's reputation.
2. A false and malicious statement or report about someone

I believe it is safe to say that the four men mentioned above are only liars in your opinion.

It is an obviously malicious statement made strictly for your own personal gain.... for being so noble and community spirited.... slander like that just doesn't seem to fit into your self description....

Mason Peargate, III

I do not have to be afraid to tell the facts, and truth, nobody does, and just because these facts, are about city officials does not make it illegal! Nevada officials have tried to make me afraid to tell the facts, and truth in the past, and this is wrong, and illegal for them to try an intimidate me, or anyone from assembling the citizens with the facts so we can do our job to critique, and regulate the inappropriate, abusive, and illegal actions of those we have hired, or delegated!

[Mason Peargate]

Originally Posted by Rhonda Appelgate

I do not have to be afraid to tell the facts, and truth, nobody does, and just because these facts, are about city officials does not make it illegal! Nevada officials have tried to make me afraid to tell the facts, and truth in the past, and this is wrong, and illegal for them to try an intimidate me, or anyone from assembling the citizens with the facts so we can do our job to critique, and regulate the inappropriate, abusive, and illegal actions of those we have hired, or delegated!

Ahh.... but thats the key.....you never actually speak in facts... only opinions.

Everything you have presented is merely opinion. No stated facts what so ever.This whole section that you have posted out of Tuppers log book and what not is merely opinions. There are no hard core stated facts,

I can sit here and say that in my opinion, mini horses are much more dangerous than cats. Thats my opinion..... doesn't make it reality.... no mater how many times I post it on different forums.

It seems that you have a very hard time discerning between reality and what you want reality to be....

Mason Peargate, III

[Rhonda Appelgate]

Originally Posted by Mason Peargate

Ahh.... but thats the key.....you never actually speak in facts... only opinions.

Everything you have presented is merely opinion. No stated facts what so ever.This whole section that you have posted out of Tuppers log book and what not is merely opinions. There are no hard core stated facts,

I can sit here and say that in my opinion, mini horses are much more dangerous than cats. Thats my opinion..... doesn't make it reality.... no mater how many times I post it on different forums.

It seems that you have a very hard time discerning between reality and what you want reality to be....

Mason Peargate, III

The issue is not the mini-horse, and to get that pet allowed is a simple task of changing city policy, this can't be achieved thru the courts, as the judge can't tell us what pets we want to have in Nevada, and if we want to have only one type of dog breed, one color of cat, large horses, small horses, only big dogs, no small etc. that is our right, as under homerule we choose what policy we want to live under. When Story county attorney Steven Holmes, attorney Dario Zaffarano, and others tell you they feel the city has treated me {Rhonda Appelgate} unfairly, or that city officials have treated her as a "Bothersome citizen" simply because they feel they can. I believe that should be a very "LARGE" red flag for all Nevada citizens.

When the city officials have also been told by Story County attorney's office that My actions, {Rhonda Appelgate} are not illegal, and simply within her right, and obligation to petition for redress of grievances, and this goes to show that it is a necessary part of all citizens right, and obligation to critique and regulate the actions of those we delegate, or hire to protect and serve us so we can ensure the job is done in a manner that is per the appropriate law, and indeed the "Rule of law" is applied fairly to all, even those we allow to apply the law. But in Nevada Iowa that is not happening, and our officials are abusing that power, and trying viciously to beat me into submission, and make me afraid to expose the truth, and dangerous actions of Nevada's abusive officials, as proved by their actions in court ,and the fact that they have been told by people of authority, and legal knowledge that the actions of me, {Rhonda Appelgate} are not illegal, but said officials continue to try and damage the character of their target, and continue to try and stop her voice, and deny her rights to be involved in any, and all city issues she deems necessary! Just like this anonymous poster, who I believe is connected to city officials because of his persistent statements, and attempts to intimidate me. This poster follows me everywhere I post, and he knew about a potential settlement the same day it was discussed.

The transcripts, and exhibits from March 21st. hearing speaks for themselves, but if nobody was there, or takes the time to get those transcripts, or get the real facts of the pure "HELL" I have had to go thru at the hands of abusive city agents they will be allowed to continue!

I refuse to be submissive, I have done absolutely nothing illegal, but Illegal actions have been done to me, and the only way for me to get justice is to expose the facts, and hope the people listen before it ends up costing the city of Nevada alot of money in damages because of the actions of those we allow to push our pencils, and protect and serve us!

Jusitce is supposed to be for all, not just those who can afford to buy it, or hide the truth under the rug! I am not afraid, because I have the proof, and I can prove my statements!

[jmmather]

I would caution everyone reading this thread. Ask what the Court found the person, complaining about the City of Nevada, guilty of. Read the law, it is posted on line for the city. Demand facts, not opinion. Here is what was in the Nevada Journal in Jan. 2004 to give you background. Mid-Iowa Newspapers - Judge orders miniature horse out of the city limits Mid-Iowa Newspapers - Judge orders miniature horse out of the city limits

[Rhonda Appelgate]

Originally Posted by jmmather

I would caution everyone reading this thread. Ask what the Court found the person, complaining about the City of Nevada, guilty of. Read the law, it is posted on line for the city. Demand facts, not opinion. Here is what was in the Nevada Journal in Jan. 2004 to give you background. Mid-Iowa Newspapers - Judge orders miniature horse out of the city limits Mid-Iowa Newspapers - Judge orders miniature horse out of the city limits

Thanks Mike! This shows how the city attorney, Don Juhl misrepresented the facts, and laws in court! I don't need to explain this to the many intelligent posters reading this site that are familiar with municipal law.

It also shows that the mini-horse itself caused no problems, it was just the uproar, and commotion from some disgruntled neighbors who wanted to abuse the power of a corrupt city attorney, and his cronies, and puppets who do not question the interpretations of Don Juhl! No law was applied in court, only the opinion of Nevada city attorney, Don Juhl! The judge legally could not legislate on Nevada animal policy, and regardless of the judges rule Nevada could, and did change their animal policy further against me showing much badfaith, and malice!

Like Dario Zaffarano stated, "The history of these ordinances in Nevada has been instructive as an example of how a city can choose to target an individual for the benefit of a complaining neighbor!"

Also this shows the truth to the statements of Story County Attorney Steve Holmes, "Holmes expressed his concern that city government has treated Appelgate unfairly and his belief that the city's animal codes are poorly written. Holmes questioned why Hattery is allowed to keep horses and Appelgate is not. Holmes commented that a miniature horse is clearly not a "beast of burden" but clearly a pet!"

The magnitude of abuses does not stop here, but the issue of the animal codes is simply the beginning, and since the city officials were allowed to abuse their power, misrepresent the facts, and laws in court, and to the people on this issue with nobody to hold them responsible they have become very dangerous, and led by Don Juhl are of the attitude that , Appelgate can be treated as a bothersome citizen who must be tolerated by statute but who can also be ignored. This is another quote from attorney Dario Zaffarano. What the people need to realize is that since they were allowed to bully, and intimidate me, {Rhonda Appelgate} they will only get stronger, and more dangerous to anyone who dares challenge city hall, or those within that we trust to protect, and serve us!

These men are trying to deny me the right to challenge, critique, or regulate those we employ, and this is not to be accepted! They are also trying to destroy my dignity, and respect within society making me look like a unstable citizen as they tried to prove in court on March 21st. and as proved by their words to the judge than, and comments within the media, and to private citizens, or professionals Don Juhl has contacted trying to check on my "Doings" as Don Juhl stated to an attorney in ames!

[AmeliaJohn]

Judge Van Marel cited Nevada's municipal code regarding bothersome animals, explaining that as the ordinance reads, it is unlawful to harbor horses in the City of Nevada.
He added that Nevada did not need to prove that Applegate's horse is disruptive since the ordinance states that these animals are unlawful to have, but he felt the city had indeed proven the horse is disruptive to the community.
Legally, Judge Van Marel said, this decision is not difficult, that Applegate's horse may be a small or miniature horse, but it is still a horse.
Judge Van Marel's ruling found Applegate in violation for having her horse in the city limits. His judgment was that she pay the $50 penalty imposed along with any court costs, giving her 60 days to pay the fees. More importantly he ruled that Applegate move her horse out of the city limits no later than Feb. 15.
Judge Van Marel added that Applegate did have the right to appeal the court decision. Instead, Applegate has decided she will appeal to Nevada City Council.

she appealed to the city when she shouldve apealed to the judge?
the judge said the city prooved above an beyond tha horse was a horse and disruptive?
in 5 yrs. even my dummest brother cold get a klew.