11th circuit fraud of undesignated areas res
TRANSCRIPT
-
8/9/2019 11th Circuit Fraud of Undesignated Areas res
1/23
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
_________________________
Appeal No. 08-14846
_________________________
D. C. Docket No. 08-00364-CV-FTM-JES[29]-SPC
JENNIFER FRANKLIN PRESCOTT, et al.,
Plaintiffs-Appellants,
versus
STATE OF FLORIDA, et al.
Defendants-Appellees.
__________________________________________
On Appeal from the U.S. District Court
for the Middle District of Florida, Fort Myers Division
___________________________________________
EMERGENCY MOTIONS TO STAY AND VACATE ALL ORDERS
BECAUSE THE COURT CONCOCTED UNDESIGNATED AREAS, WHICH
NOREASONABLECIRCUIT COULD HAVEPOSSIBLYFOUNDTO EXIST
ON THE SELF-AUTHENTICATING CAYO COSTA SUBDIVISION PLAT
NOTICE OF THIS CIRCUITS CONCEALMENT, FRAUD AND
FABRICATIONS OF UNDESIGNATED AREAS
(April 22, 2009)
JENNIFER FRANKLIN PRESCOTT,
DR. JORG BUSSE, Appellants
P.O. Box 7561, Naples, FL 34101-7561
T: 239-595-7074; E-mail: [email protected]
-
8/9/2019 11th Circuit Fraud of Undesignated Areas res
2/23
-
8/9/2019 11th Circuit Fraud of Undesignated Areas res
3/23
CONCEALMENT OFEMINENT DOMAINEXTORTION/FRAUD-SCHEME O.R.569/875
CONSPIRACY TO MISREPRESENT UNDESIGNATED AREAS
2
THE COURT CONCOCTED UNIDENTIFIED/UNDESIGNATED AREAS
1. In its 04/21/2009 Opinion [# 08-13170-BB], this Circuit concocted:
Most of the allegations in the complaint concern the 1969 Lee County
Resolution 569/875, which claimedthe undesignated areas on the east andwest side of the Cayo Costa subdivision plat and all accretionsthereto as
public land to be used for public purposes.
Pursuant to the referenced self-authenticating 1912 Cayo Costa Subdivision Plat
[PB3, p. 25], this Court conspired to conceal that
a. No undesignated areas existed on the west side of the Cayo Costa
subdivision plat;
b. No undesignated areas existed on the east side of the Cayo Costa
subdivision plat;
c. No un-numberedand unlettered areas existed on the west side of the Cayo
Costa subdivision plat;
d. No accretions to undesignated areas or accretions to un-numbered
and unlettered areas existed, and the claim was fraudulent;
e. Nopublic purpose ornecessity were possible;
f. No Resolution 569/875 existed; O.R.569/875 did not contain any resolution
number.
g. Therefore, condemnation [inverse or direct] was impossible and said claim
an eminent domain fraud and extortion-scheme, which invoked Federal
subject-matter-jurisdiction. See Boom Co. v. Patterson, 98 U.S. 403,
-
8/9/2019 11th Circuit Fraud of Undesignated Areas res
4/23
CONCEALMENT OFEMINENT DOMAINEXTORTION/FRAUD-SCHEME O.R.569/875
CONSPIRACY TO MISREPRESENT UNDESIGNATED AREAS
3
406(1879). This Court falsely pretended that said eminent domain fraud-
scheme constituted a legislative act. No legislatorever signed and executed
said fraudulent claim. It concealed the ripeness of Appellants claims.
THIS COURT CONSPIRED TO REPEAT ITS CONCOCTIONS
2. In its 03/05/2009 Opinion [# 08-14846-FF], this Circuit conspired to repeat its
concoctions in order to deceive the public and Appellants over and over:
there were also a number of unidentified areas on the eastern and
western edges of the subdivision. The Board laid claim to all of these non-
designated parcels and accretions thereto for the use and benefit of thepublic for public purposes. Id., p. 2.
This Circuit again conspired to conceal that on the referenced Plat
a. No non-designated parcels and no unidentified areas existed or appeared
on the western edges of the subdivision Plat;
b. No non-designated parcels and no unidentified areas existed on the
eastern edges of the subdivision Plat;
c. The Board admittedly never executed and signed the fraudulent claim to
the fictitious areas and parcels pursuant to the public record;
d. Nopublic purpose was possible or was ever identified.
THIS CIRCUIT EXTENDS THEEMINENT DOMAINFRAUD-SCHEME
3. This Circuit is extending said eminent domainfraud and extortion-scheme in
exchange for Appellees bribes and deliberately depriving the Appellants of
theirfundamentalConstitutionally-protected rights under the 1st, 14
th, 4
th, 5
th,
-
8/9/2019 11th Circuit Fraud of Undesignated Areas res
5/23
CONCEALMENT OFEMINENT DOMAINEXTORTION/FRAUD-SCHEME O.R.569/875
CONSPIRACY TO MISREPRESENT UNDESIGNATED AREAS
4
and 7th
Amendments, and 42 U.S.C. 1983, 1985, 1988 [18 U.S.C. 241,
242], and 28 U.S.C. 455.
THIS COURT CONCEDED APPELLANTS OWNERSHIP
4. In its 03/05/2009 and 04/21/2009 Opinion(s), the 11th
Circuit conceded that
Plaintiff-Appellants are record title holders of Lot 15A [PID 12-44-20-01-
00015.015A] in the privateundedicated residential Cayo Costa Subdivision and
successors-in-interest [and title] to the original Subdivision
Developer/Subdivider A. C. Roesch. The subdivided Cayo Costa land parcels
were conveyed in reference to the 1912Plat in Lee County Plat Book 3, p. 25.
Said 1912 Cayo Costa Subdivision Plat depicts a designated 60 wide street
along the Gulf of Mexico. Appellants hold perfect title to the designated
street adjoining their upland. Since the 1912 Subdivision there have been
substantial accretions to Appellants private adjoining street. Appellants are
the record fee-simple-owners of the platted designated 60 wide street and
accretions thereto.
APPELLANTS OWN ENTIRE WIDTH OF THE DESIGNATED STREET
5. In Caples v. Taliaferro, 144 Fla. 1, 197 So. 861, 862, the Supreme Court of
Florida approved the rule that 'when a street or highway is platted on the margin
of the grantor's [here A. C. Roesch] land, a conveyance of the lands bordering the
street carries the fee to the entire width of the street. This rule, sound in
-
8/9/2019 11th Circuit Fraud of Undesignated Areas res
6/23
CONCEALMENT OFEMINENT DOMAINEXTORTION/FRAUD-SCHEME O.R.569/875
CONSPIRACY TO MISREPRESENT UNDESIGNATED AREAS
5
principle, is controlling here. See Murrell v. United States, 269 F.2d 458(5th
Cir.1959); 4 Fla.Jur. Boundaries, Sec. 7. Here, the private undedicated
designated street along the Gulf of Mexico was platted on the margin of A.
C. Roeschs Cayo Costa Subdivision land. Appellant Grantees lands bordered
said private undedicated designated street. Here, Appellants own the platted
adjoining privatedesignatedstreet along the Gulf of Mexico.
APPELLANTS OWN ADJOINING ALLEY TO THE CENTERLINE
6. It has long been settled in Florida that a person who purchases a lot with
reference to a plat of the subdivision takes title to the center of that portion of
the street abutting his lot. Smith v. Horn, 70 Fla. 484, 70 So. 435, 437. The
second rule was stated in these terms: 'In the case of areas set aside on a plat for
multiple common uses, abutting owners have an easement with other purchasers
in the subdivision for whatever uses may be indicated under the circumstances.
Here, all Cayo Costa easements are private rights-to-use said designated streets
and alleys, i.e., Constitutionally-protected property. The public has no access.
Thus, public use was impossible. The undesignated un-numbered and
unlettered areas claimed in eminent domain fraud-scheme O.R.569/875 do
not exist on said Plat. Only a record or entry of a designated 60 wide street
could be found to exist on the west side of said Subdivision.
-
8/9/2019 11th Circuit Fraud of Undesignated Areas res
7/23
CONCEALMENT OFEMINENT DOMAINEXTORTION/FRAUD-SCHEME O.R.569/875
CONSPIRACY TO MISREPRESENT UNDESIGNATED AREAS
6
LEE COUNTY CONCEDED ABSENCE OF UNDESIGNATED AREAS
7. In the First Case; Doc. # 5, Lee County conceded the fraud and absence of
undesignatedareas: The [Appellant(s)] lot is clearly outlined on the plat map
as a 50 x 130 lot bounded by a street In order for for one to have
riparian rights, there must be an actual water boundary of the land in
connection with which such rights are claimed. Axline v. Shaw, 35 Fla. 305, 310,
17 So. 411, 412(1895). Here, Appellants had the equal riparian rights of Alice
M. S. Robinson, because they own their upland, adjoining platted designated
street, and accretions thereto. Thus, there was an actual water boundary. In
particular, Lee County conceded: Florida law states: The land to which the
owner holds title must extend to the ordinary high water markof the navigable
water in order that rights may attach. Here, the Federal Courts conspired to
conceal that Appellants own the platted adjoining designated 60 wide street
and the accretions thereto, which extend to the ordinary high water mark of the
platted natural boundary of the Gulf of Mexico. Appellants own riparian Gulf-
front lot 15A, which extends to the ordinary high water markof the Gulf of
Mexico. The 11th
Circuit conceded that Appellants are the owners ofriparian
Gulf-front Lot 15A. See 04/21/2009 Opinion.
-
8/9/2019 11th Circuit Fraud of Undesignated Areas res
8/23
CONCEALMENT OFEMINENT DOMAINEXTORTION/FRAUD-SCHEME O.R.569/875
CONSPIRACY TO MISREPRESENT UNDESIGNATED AREAS
7
LEE COUNTY CONCEDEDPURSUIT OF STATE REMEDIES
8. Furthermore, Lee County conceded Federal subject-matter-jurisdiction and
pursuit of state remedies: In paragraph 46, Plaintiff admits to his companion
law suit now pending in state court [Case # 06-CA-3185]. Should Lee County
be joined, the County, in the interest of judicial economy, will remove the case
to this Court. Judicial Defendant-Appellees Steele and Polster-Chappell
removed Appellants said state action to Federal Court.
LEE COUNTY CONCEDEDENTITLEMENT TO RELIEF/INVALIDATION
9. Lee County conceded: A motion made under Rule 12(b)(6) tests the sufficiency
of the complaint and cannot be granted unless it appears beyond doubt that the
plaintiff can prove no set of facts entitling him to relief. Conley v. Gibson, 355
U.S. 41, 43-46(1951). Here, Appellants proved that they were entitled to the
exclusive relief of invalidation and damages for the concededly validly
pleaded unconstitutional temporary takings under false pretenses of
eminent domainfraud and extortion-scheme O.R.569/875. See Corn v. City of
Lauderdale Lakes, 816 F.2d 1514, 1517(11th
Cir.1987); Anthony v. Franklin
County, 799 F.2d 681, 684(11th
Cir.1986).
THIS COURT CONCEALS APPELLANTS EXCLUSIVE TITLE
10. This Court concealed that title to said platted adjoining designated street vests
in the Plaintiff-Appellant abutting property owners and that the undesignated
-
8/9/2019 11th Circuit Fraud of Undesignated Areas res
9/23
CONCEALMENT OFEMINENT DOMAINEXTORTION/FRAUD-SCHEME O.R.569/875
CONSPIRACY TO MISREPRESENT UNDESIGNATED AREAS
8
areas fraudulently claimed in O.R.569/875 never existed. Here, eminent
domainfraud-scheme O.R.569/875 lacked a legal description and ascertainable
boundaries and effected an unconstitutional temporary taking.
Condemnation [inverse and/or direct] and any title transfer to Lee County were
impossible. This Court concocted State remedies and perverted the
indisputable public record evidence for Appellees bribes.
NOJUDICIAL IMMUNITYFOR THIS CIRCUITS CRIMES
11. This Courts crimes of, e.g., false pretenses, deliberate deprivations,
misprision of felonies are an emergency, because they further irreparably
harm the Appellants and public, who are being deceived. Impartiality and
integrity of the public record must be restored speedily under public policy.
CAYO COSTA GATE
12.Criminally, this Circuit covers up the Lee County eminent domain extortion
and fraud-scheme and perverts the Florida and Federal Constitutions, which
expressly prohibited said fraud-scheme. This Courts concoction of a
legislative act was a crime, which invalidated all rulings/orders and
corrupted the judicial proceedings. The Appellants are entitled to de novo en
banc proceedings and oral argument before another impartialCircuit, which
does not pervert the truth and said 1912 Cayo Costa Subdivision Plat.
-
8/9/2019 11th Circuit Fraud of Undesignated Areas res
10/23
CONCEALMENT OFEMINENT DOMAINEXTORTION/FRAUD-SCHEME O.R.569/875
CONSPIRACY TO MISREPRESENT UNDESIGNATED AREAS
9
WHEREFORE based on the self-authenticating public record evidence,
Appellants demand
1. An Order recusing the entire Circuit under 455 based on said fabrications,
because no reasonable, impartial, andfitCircuit could havepossiblyconcealed
the platted 60 wide designated street and concocted undesignated areas;
2. An Order recusing the entire Circuit based on said fabrications, because no
reasonable, impartial, and fit Circuit could have possibly concocted that any
undesignated or unidentified areas appeared on eminent domain fraud-
scheme O.R.569/875;
3. An Order staying and vacating all Orders by this Court as corrupted and
perverted pursuant to the self-authenticating public record evidence;
4. An Orderdeclaring that the Federal Courts had patently clear subject-matter-
jurisdiction overeminent domain fraud and extortion-scheme O.R.569/875
under Boom Co., supra;
5. An Order invalidating eminent domain extortion and fraud-scheme
O.R.569/875, because siad claim was fraudulent and deceived the public;
6. An Order declaring that Appellants pursued state remedies in Lee County
Circuit Court [# 06-CA-3185] for years;
-
8/9/2019 11th Circuit Fraud of Undesignated Areas res
11/23
CONCEALMENT OFEMINENT DOMAINEXTORTION/FRAUD-SCHEME O.R.569/875
CONSPIRACY TO MISREPRESENT UNDESIGNATED AREAS
10
7. An Order adjudicating Appellants unconstitutional temporary takings
claims, substantive due process, procedural due process, equal protection,
and other claims under the 1st, 4
th, 5
th, 7
th, and 14
thAmendments;
8. An Order declaring that Lee County removed any cloud by eminent domain
fraud and extortion-scheme O.R.569/875 pursuant to O.R.2967/1084-1090 and
Blue Sheet 980206;
9. An Orderremoving the involved Judges for refusing any de novo review and
fabricating undesignatedand unidentifiedareas for Appellees bribes;
10. An Orderprosecuting the Judges who awarded damages and cost against the
Appellants forextortion and fraud, because no reasonable and impartialjudge
in this Circuits shoes could have possiblyconcealed the prima facie evidence
of the invalidity and illegality ofeminent domainfraud and extortion-scheme
O.R.569/875 and obstructed justice.
________________________________________
/s/ Jennifer Franklin Prescott, Appellant,pro se
SIGNATURE OF APPELLANT
Mailing Address: P.O. Box 845, Palm Beach, FL 33480-0845, T: 561-400-3295
____________________________________________
/s/Jorg Busse, M.D., M.B.A., M.M., Appellant, pro se
SIGNATURE OF APPELLANT
Mailing Address: P.O. Box 7561, Naples, FL 34101-7561, T: 239-595-7074
EXHIBITS:
Self-authenticating 1912 Cayo Costa Subdivision Plat [PB 3, p. 25]
-
8/9/2019 11th Circuit Fraud of Undesignated Areas res
12/23
CONCEALMENT OFEMINENT DOMAINEXTORTION/FRAUD-SCHEME O.R.569/875
CONSPIRACY TO MISREPRESENT UNDESIGNATED AREAS
11
Eminent domainextortion and fraud-scheme O.R.569/875
Lee Countys removal ofcloudby said fraud-scheme: Blue Sheet 980206
First Case; Doc. # 5: Lee Countys concession offraud of undesignated areas
CC: Federal Bureau of Investigation
Florida Department of Law Enforcement
U.S. Dept. of Justice
Eric Holder
Media
-
8/9/2019 11th Circuit Fraud of Undesignated Areas res
13/23
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
JORG BUSSE,
Plaintiff,
vs. Case No. 2007 CV 228 FtM 29 SPC
LEE COUNTY, FLORIDA, and its
BOARD OF COUNTY COMMISSIONERS, and
THE LEE COUNTY PROPERTY APPRAISER, and
STATE OF FLORIDA BOARD OF TRUSTEES
OF THE INTERNAL IMPROVEMENT TRUST FUND,
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTALPROTECTION,
Defendants.
________________________________________________/
DEFENDANT LEE COUNTYS MOTION TO DISMISS FOR FAILURE
TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED; OR
IN THE ALTERNATIVE, A MOTION FOR SUMMARY JUDGMENT; OR
IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT
AND MEMORANDUM OF LAW IN SUPPORT THEREOF
Comes now Defendant, LEE COUNTY, a political subdivision of the State of Florida, by and
through its counsel, pursuant to Fed. R. Civ. P. 12(b)(6), 12(e), and 56(b) and moves the Court to
dismiss the referenced matter and as grounds would state:
1. Plaintiffs complaint, filedpro se and read most generously, is an apparent attempt
to enhance the value of the Plaintiffs real property by attaching to it littoral or riparian rights.
(a) As Plaintiff avers at paragraph 3(b), and more fully describes at paragraphs
16 and 66, Plaintiffs lot abuts not a waterway, but an alleyway or street.
(b) Beyond Plaintiffs mere assertions of littoral rights, no averment presented,
however poorly pleaded, establishes any factual basis that Plaintiffs lot abuts a waterway; therefore,
-
8/9/2019 11th Circuit Fraud of Undesignated Areas res
14/23
2
no riparian rights attach per Florida law.
(c) In the absence of any littoral rights, Plaintiff cannot claim any right to a dock
permit denied to him by Lee County as averred in paragraphs 79 and 80.
2. In paragraph 46, Plaintiff admits to his companion law suit now pending in state
court. LEE COUNTY is not yet a party in that suit (Case No. 06CA-3185). Should LEE COUNTY
be joined, the County, in the interest of judicial economy, will remove the case to this Court.
3. In Plaintiffs state case, his complaints utilize attachments of copies of his lot
description from public records including aerial photos which clearly depict his lots location as
platted and as it exists today over 1200 feet from the Gulf of Mexicos waters. (Those attachments
are attached here as exhibits A and B to the Memorandum of Law).
4. In the alternative, the aforesaid notwithstanding, and reading Plaintiffs complaint
most generously, the averments remain so vague or ambiguous that defendant, LEE COUNTY,
cannot reasonably frame a responsive pleading. To wit: the majority of the numbered paragraphs
state various legal holdings from state and federal courts, Florida statutory law, administrative rules,
and opinions of the Florida Attorney General (see paragraphs 7, 9, 11, 13, 15). Other averments
simply make statements apparently based on the Plaintiffs readings of various authorities, legal or
otherwise (see paragraphs 20, 21, etc.). While, for instance, paragraph 10 appears to state a cause
of action, no facts are presented to support the allegation. In sum, Plaintiffs complaint is neither
short or plain or sufficient enough to allow a responsive pleading.
5. In the alternative, pursuant to Fed. R. Civ. P. 56(b), since LEE COUNTY is
submitting matters outside the pleadings, for example exhibits A and B, the Court shall treat the
matter as a motion for summary judgment. Vanero v. City of Tampa, 830 F. Supp. 1457, 1458
-
8/9/2019 11th Circuit Fraud of Undesignated Areas res
15/23
3
(1993)(J. Kovachevich).
6. Plaintiff has apparently named and served both Lee County and its Board of
County Commissioners as defendants. By statute, the proper party in interest is simply Lee
County. Therefore, Defendant moves to dismiss its Board of County Commissioners.
WHEREFORE, LEE COUNTY moves this Court to dismiss the complaint or, in the
alternative, order the Plaintiff to file a petition for relief that, even minimally, meets the Rules of
pleading; or grant the Defendant, LEE COUNTY, summary judgment.
MEMORANDUM IN SUPPORT
A motion made under Federal Rule 12(b)(6) tests the sufficiency of the complaint and cannot
be granted unless it appears beyond doubt that the plaintiff can prove no set of facts entitling him
to relief. Conley v. Gibson, 355 U.S. 41, 45-46 (1951).
Plaintiff claims riparian rights. As the Florida Supreme Court articulated in 1895, in a suit
to enjoin trespass upon riparian rights, the allegations of the bill must be clear and precise as to the
title. Axline v. Shaw, 35 Fla. 305, 309, 17 So. 411, 412 (1895). TheAxline court then examines
the claimants deed as to the boundaries of the subject real property: In order for one to have
riparian rights, there must be an actual water boundary of the land in connection with which such
rights are claimed. Idat 310, 17 So. at 413. TheAxline court concludes: Such a boundary is land,
and not water, and does not confer riparian rights under our statute. Id. at 305, 17 So. at 412.
SinceAxline, the statutory definition of Florida sovereignty lands now extends to the ordinary
high water mark. 253.141(1) Fla. Stat. (2006). Plaintiffs deed (attached as exhibit A) simply
conveys lot 15A. The lot is clearly outlined on the plat map as a 50' x 130' lot bounded by a street
right-of-way of 60 feet (attached exhibit B). Lot 15A is not bounded by water of any sort. Lot
-
8/9/2019 11th Circuit Fraud of Undesignated Areas res
16/23
4
15A does not extend to the shore as inAxline, or even the ordinary high water mark as depicted
on the plat. Florida law states: The land to which the owner holds title must extend to the ordinary
high water mark of the navigable water in order that rights may attach. 253.141(1) Fla. Stat.
(2006).
Since there are no riparian rights appurtenant to the Plaintiffs lot, the complaint is fatally
deficient and must be dismissed.
Respectfully submitted,
/s/ Jack N. Peterson
JACK N. PETERSON
Assistant County AttorneyFlorida Bar No. 0832774
CERTIFICATE OF SERVICE
I HEREBY CERTIFY, that a true and correct copy of Lee Countys Motion to Dismiss has
been furnished by U.S. Mail to: Jorg Busse, Plaintiff, Post Office Box 1126, Naples, FL 34106-1126;
Reagan Kathleen Roane, Assistant General Counsel, 3900 Commonwealth Boulevard, Number 35,
Tallahassee, FL 32399-3000; and Kenneth W. Wilkinson, Lee County Property Appraiser, 2480
Thompson Street, Fort Myers, FL 33901, on this 1st day of May, 2007.
By: /s/ Jack N. Peterson
Jack N. Peterson
Assistant County Attorney
Florida Bar No. 0832774
DAVID M. OWEN
LEE COUNTY ATTORNEYS OFFICE
2115 Second Street
Post Office Box 398
Fort Myers, Florida 33902-0398
Telephone No. (239) 533-2236
Facsimile Phone No. (239) 485-2118
mailto:[email protected]:[email protected] -
8/9/2019 11th Circuit Fraud of Undesignated Areas res
17/23
-
8/9/2019 11th Circuit Fraud of Undesignated Areas res
18/23
-
8/9/2019 11th Circuit Fraud of Undesignated Areas res
19/23
-
8/9/2019 11th Circuit Fraud of Undesignated Areas res
20/23
Case 2:07-cv-00228-JES-SPC Document 89-2 Filed 08/06/2007 Page 5 of 10
-
8/9/2019 11th Circuit Fraud of Undesignated Areas res
21/23
-
8/9/2019 11th Circuit Fraud of Undesignated Areas res
22/23
-
8/9/2019 11th Circuit Fraud of Undesignated Areas res
23/23
Case 2:07-cv-00228-JES-SPC Document 89-2 Filed 08/06/2007 Page 4 of 10