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INTRODUCTION

BR & S is a business which has recently been reopened after acquiring surrounding businesses, demolishing one structure without the required permits, and illegally conducting a business of the CB-2 Class Zoning in a CB–1 Zoning District - for two years.

This issue came to light after the adjacent residents were notified of the mandatory hearing notices for a rezoning request.

The track record toward applicable laws, licensing requirements and restrictions by BR & S, were abysmal at best.

Some time during the first few month after I had bought my unit, and landed on the board’s black list since I dared to remind them of the requirements of our contract which they gravely violated, on April 07, 1990, a string of BR & S’s balloons had been caught in the tall tree next to my unit. The air had gone out of the balloons and it made for an unsightly view. Although you could not miss seeing them, no one removed them.

Like a friendly neighbor, I called BR & S to draw their attention to it. Since my repeated requests were ignored, I researched and found a company that would remove the balloons at an hourly rate of fifty five dollars ($55.-).

When by May 10 th 1990, the unsightly balloons were still hanging there, I wrote a letter to the alleged owner, calculated the daily charge for littering ($2’200.-) plus court costs, verses his cooperation to hire the specific company at the indicated hourly rate. Three days later, the balloons were finally being removed!

This was only the opening act. Allegedly, our manager at that time, was a drinking buddy of the manager for BR & S. Two and two started to add up. It answered the reason why they were so unfriendly and hostile when I made the neighborly call, although they did not know me.



CHAPTER 1

THE LINKS OF THIS CHAIN
TORTURE À LA WACO, TEXAS.

By now, I have been fiercely harassed by BR & S for years. This was facilitated through their car wash which was facing my unit. The daily menu of harassment featured excess noise, blasting radios, the honking of car horns and car alarms which went off 24/7, along with a time where they routed all their telephone calls through a bull horn mounted outside the car wash. Entire conversations penetrated my airspace with no place to escape to.

After closing, and at 22:00 to 02:00 hours early mornings, some one activated the phone to ring non stop for up to 1 ½ hour. That this was a coordinated effort through the B Condominium Association board & management, became obvious when the phone was regularly activated at one or two in the morning each time I had an early morning court appearance. It was yet an other way to harass me, disturb my peace, and in particular, my sleep – no doubt - in hope that I would not be alert, and would be unable to function proper in my defense to counter the ludicrous claims the Barcelona Manor Condominium Association board and management, through the DC Law Firm, conjured up against me.

When I reported the "disturbance of the peace" to the Sheriff’s Department, they perpetually refused to act and instead, sent officers from "DPS," who insinuated that something was wrong with ME!

The law for disturbing the peace after hours, was NEVER enforced by the Sheriff’s. They came up with all sorts of excuses and insisted that they could not act upon my complaint unless I had a restraining order against Budget. What bunk! This did not make sense and I argued their logic. If I would disturb the peace of my neighbors after 22:00 hrs, and the neighbor issued a complaint, the Sheriff’s officers would, no doubt, be knocking on my door.

In hope to get some peace, I went to Pima County Justice Court to get a restraining order. The Justice Court claimed that they did NOT issue restraining orders and sent me to the Tucson City Court!

There it became yet an other charade. No one appeared to know where I could get a restraining order for the jurisdiction of Pima County where the business was located. I was referred back to the justice court. It became clear to me, that a game was being played yet again – but I was determined to find out and went to the administration. After nightmarish hours of wasted time, finally an alleged Judge got the case started. I paid for the Sheriff’s to deliver the papers to the owner. He is not in town was their response.

Through a barrage of calls, I tracked the owner and found out when he would be in town, and where he was going to be for the day. When I divulged my information to the Sheriff’s, they insisted that they had to wait a set time before they could serve the papers again – of course – by then, the owner of Budget was expected to be out of town - again! I was then forced to pay – once more – for a private process server.

The first court date, was cancelled as I sat waiting. The second court date never made it on to the calendar at the entry, and no one appeared to know anything about this case. Obviously, they intended for me to miss the hearing. The administration saved the day, however, the judge was obvious pre-set in his ruling. He claimed that a corporation could not be restrained! I did serve the owner, however, he is the responsible party for the action of his business!

There was a distinct feeling of an organized effort – a meeting of the minds from those involved, and it did not take a rocket scientist to connect the links of this chain.


CHAPTER 2

SUDDEN PEACE & QUIET!

In August of 2000, I knew that something had to be up. Suddenly BR & S got suspiciously quiet! It did not take long before a rezoning notice answered my suspicion.

Now came my time. The rezoning hearing finally provided me with an opportunity to voice my complaints. A petition was circulated to deny the intended expansion of the business and to protest the CB-2 zoning in our front yard, at a distance measuring approximately 23 feet from our house wall to the property line. When MK (X board member in my building) offered to collected the signatures, I gladly accepted it, although, I had no reason to trust her. The time to the date of the hearing, was short. I was pressed to assemble all the pertinent information to submit them to the commission and write my speech.

The day of the hearing, Mrs. MK came with the, then President of the Association, AH, an alleged school teacher. Dressed like a slob, I was ashamed to have to say that this was our association president. MK claimed that she gave the signatures to him.

When it was my turn to speak before the commission, and I referred to the signatures, the members of the Commission looked dumb founded; they knew nothing about those signatures. After quarreling back and forth, "staff" questioned where they might could be. Mr. H finally admitted that HE DECIDED NOT TO SUBMIT THE SIGNATURES!

That carries a serious charge – I thought to myself, how stupid could this man be?

The commission chewed him out quit a bit, but once again, NO charges were filed, the signatures were not submitted to the commission, and with other discrepancies I noticed, I had to question, if all of it was just coincidental?

By law, such egregious obstruction and concealment of lawfully cast votes, is a qualified Felony act.

The commission was undecided, wherefore the rezoning issue was forwarded to be decided by the Pima County Supervisors.

The Supervisors were presented with strong evidence which supported the fact that B R & S as a matter of habit, perpetually violated applicable law and their business ordinance. In addition, they sampled a tape recording of the music (if one can call that garbage music) which was relentlessly blasted at us without relieve, and 11 pages of documented arrogance displayed by the Pima County Sheriff’s, who blatantly refused to enforce the noise ordinance. And there was the issue with the proposed CB-2 zoning which represented "spot zoning" and as I understand, contrary to law.

The Pima County Supervisors, ignored all my claims and voted unanimously in favor of the illegal CB-2 "spot" Zoning!

The rights allotted to the individual condominium owners, were obstructed and annihilate. Be it arrogance, ignorance, a superiority complex, all empowering, law braking slaves to money and power, or what ever one can call this, the Pima County Supervisors, as I see it, blatantly failed to uphold the fiduciary duty of their position, and gravely violated their oath of office in the name of money and power.

 

CHAPTER 3

THROW THE SLAVES A TOKEN!

The Supervisors, in order to pretend that they cared about the patrons at the adjacent condominium, added specific restrictions to the ordinance, full well knowing that we, the owners, could never enforce any of them. The "NO sound" system was one of those issues. It was gravely violated during the construction, and from day one of the reopening of the business .

I had suggested that the car wash facility be located away from our building - facing north in order to avoid continuation of the previous, nerve wrecking, perturbing disturbances - with no possibility to enforce the ordinance. The short, peaceful moments, dissipated all too quickly.

After the hearing, I pursued this issue vigorously. Between the game playing and the runarounds, I was assured that the car wash was being placed on the opposite side of their building, adjacent to the Orange Grove road. Indeed, I received a plan which indicated this to be so.

The plan turned out to be a fraudulent document intended to deceive me and "shut me up." (An other Felony act!)

The car wash was literally built underneath our noses, and only a few feet from our building. An audible sound system is on daily in violation of their ordinance, the car radios, including boom boxes which literally shake the building, are wantonly blasted, the alarms go off 24/7 and are tested, I assume to demonstrate them to the potential buyers, all day long. In addition, each car security system is allegedly set with sounding the horn and the alarm.
Equally in violation of the ordinance, a very noisy mobile carwash unit is used to wash all the cars in the open lot with the polluted waters emptying onto our property.

In the evenings in particular, the employees appear to use the car wash area as a play ground. Boisterous screaming, yelling and blasting the sound system, renders any enjoyment on my balcony impossible. Although the car wash is, in accordance with the business ordinance, supposed to close at 19:00 hr, it is always open until 21:00 hr. The business is ordered to close at 21:00 hr, however, the car wash as well as the business are, on many occasions, open until 23:00 hr. Afterwards we are further disturbed by the noise from the cleaning crew. For special occasions, posters are mounted around the entire lot. Loud hammering and banging goes on between midnight and 01:00 or two hr in the morning.

Cars and trucks are literally left to idle underneath my unit. They could unload their cars elsewhere, but the car wash is located there! Although I close all my windows and the balcony door, the poison still penetrates into my unit.

Once again, we the individual owners, the minority power, the poor, are saddled with the substantial, all encompassing loss. We are robed of the peaceable enjoyment of our homes, robed of reasonably clean air to breath, robed of the real value of our investment and above all, we are forcibly subjected to life threatening, life shortening, health endangering carcinogenic overload of pollutants and safety hazards.

Anew, BR & S is free to disturb our peace at will with radio noise, honking the horns, penetrating sounds from car alarms, leaving trucks and cars idle underneath my windows, to scream, holler boisterously, banging until late at night to put up propaganda plaques (02:30 to 04:00 on Fri to Sat. 09-16/17) and the Sheriff’s refuse to enforce the violations which are deemed to be separate counts of misdemeanors for each violation, and each day the violation continues.

Add insult to injury,  BR & S were awarded with selling the sheriff's Department's  seized cars instead!

Why should I have to wear earplugs, or find an other way to muffle their noise in order to get some relief from their disturbances?

It was "déjà vue" all over again. Budget Disturbs our peace and when I dare to complain about the unreasonably loud blasting of music (if one can call this garbage music) the intentional honking of the horns all day long, the piercing sounds of car alarms which go off day and night, instead of enforcing the law and BR & S restricted business ordinance, they harass me and want to throw me in jail!

One cannot help but to ask: IS THIS A POLICE STATE?


CHAPTER 4

DPS HARASSMENT

Previously, the Sheriff’s were here, and when I opened the door, the Deputies – not only once – but ALL THREE TIMESREFUSED TO ACCEPT MY SIGNATURE which they insist, is needed for the complaint against BR&S to go forward!

2005-04-01 There is arrogant loud, repeated knocking on my door: "Who is it, " I asked. "DPS we are here to help you, " they responded. "Help for what?" I asked. They indicated something about help with the "Budget noise." "The only help I need is that the Sheriff’s enforce the restrictions of Budget’s business ordinance so we can live peaceably and without disturbances" - I answered and walked away.

Since they kept banging on my door, I called 911 and asked them to call those "hound dogs" off, enforce Budgets business ordinance and leave me alone.

The "hound dogs" continued knocking, but they finally had to realize that I was not interested to talk to them – I knew all too well that they had NOT MY WELFARE IN MIND.


CHAPTER 5

PROTECT THEY SELF!

In view of the arrogance from the Deputies, the wanton refusal not to enforce the ordinance and the law, as they did so the last time around, I sensed that they are up to no good again.

B, my long time friend, was equally alarmed by their unethical behavior. Knowing the passed history, she was concerned for my safety, and we decided to set up a plan just in case something should happen!

Just as we had suspected, we had read the BEAST with perfection.


CHAPTER 6

SHERIFF’S ABUSE OF POWER & POSITION
KICKED IN MY ENTRY DOOR!

2005-04-07 I had to run an errand and went shopping. I came home around 4:30 - 5 pm, unloaded the car and put the groceries away. I just started feeding my babies (kiddies) when the banging on my door started. I did not have to guess who it was. No one else would bang with such arrogance that my smoke alarm above the door came tumbling down. I asked the Sheriff’s what they wanted. "Open the door" they shouted. "For what reason" I asked. They refused to give me a reason and kept banging on the door, demanding that I open it.

"Open the door for what?" I shouted back and continued : "so that you can beat me up like last time? I’m not that stupid!" and I went to call 911 to lodge my complaint. The deputies were harassing me since I dare to complain about BR & S continuous disturbance and violations of their business ordinance.

They finally left – so I thought. It did not take long, they were back – banging on my door again.

Suspecting foul play, I immediately called 911 back on my portable phone. I just started talking when suddenly there was a loud bang – a splinter from my door frame came flying and the door, ripped from the hinges, fell toward me. An oversized, bullish Deputy and a smaller stature guy trampled through the ruins of my broken door. The bully ripped my phone from my hand, ruff handled and handcuffed me. They gave no reason, had no warrant – it was a repeat performance alright.!

As the "bully locked the handcuffs behind my back I said: "I need to feed my babies" ( my kiddy cats) – and here my door was wide open irreparably broken and my home open to any thief. As the "bully dragged me out the door, I asked to put my shoes on which were right there by the door. I had some comfortable, but torn slippers on. The bully tore me out of the unit and when I asked to get my purse, he said "we’ll get it." Yes, they got it alright but only to do an illegal search and seizure.

I would not get possession of my purse until my release from the Mental Ward at Kino Hospital the next day. Why do I believe that this was not their initial plan?

Downstairs was and SUV. There was no marking indicating that it was a Sheriff’s car. This too was so familiar. Last time they had an old car which looked ready for the junk yard.

"Do you have a warrant?" I asked repeatedly. There was no answer – and obviously, they had no warrant.

As the bully busied himself to clear the passenger seat of the SUV, I asked why this car was not a marked Sheriff’s car. He responded in an evil, sarcastic tone that sent shivers down my spine: "we use this car to drive into the desert!" "yes - like the last time when you did not succeed with me you went to the School, remove a boy – and as the media reported - he was later found in the desert – dead!"

I knew what I was facing. As I started screaming for help, the "bully" said: "they can’t hear you, and no one will com to your aid." Just then, an entire fleet, so it seemed, of marked Sheriff’s cars came virtually "flying" in. There must have been about five or six cars.

"What on earth" I thought to myself, do they need so much power for a little, old, disabled woman like me?

Out of one of the cars exited a man in a dark suit. I assumed that he was a superior of some sort. On the passing, I heard him say: " we’re goanna have to pay her for the door." (So far, they refused to do so) How did he know that the door was demolished? It could not be seen from the parking lot. My unit is located on the third floor, and the hallway is enclosed.

In shock, and worried about my kiddies which needed to be fed, the wide open and broken down door which was leaving my unit accessible for anyone to enter, it did not dawn on me until much later when I was able to reflect upon the entire incident which played back like a horror movie, a nightmare permanently engraved in my memory.

Then It dawn on me: "The 911 call!"


CHAPTER 7

CAUGHT RED HANDED?


The officer did not disconnect the phone. The entire incident was recorded and alerted the department of the gross abuse of power and the illegal entry by their alleged rogue officers.

Did this save my life?

Some Deputy wanted to know if I had some relatives here. "No." Some one that could come and stay at my place - "no. "I need to feed my babies and I’m worried that the kiddies get out with that broken door." "Someone has to stay at the house for security" he said. "I have no one that can do this" I explained.

The deputies persisted, that I call someone. There was a lady who had looked after my kiddies once before. She lived near by, but I refused to give them her name and number. I did not want them to harass her too. Assured that she would be ok, with no other solution, I hesitantly caved in.

Now, the deputy assured me that the door would be secured.

Still not knowing why I was being arrested, I guessed that it was due to the fact that I dared to complain about the horrendous noise from the adjacent business, the ordinance which the Sheriff’s perpetually refuse to enforce and harass me instead.

Since there were some onlookers, which curiosity from all the commotion brought out, I called out to them: "see what you get when you dare to complain about the horrendous noise from our neighboring business? " They (Sheriff’s) refuse to enforce the noise ordinance - but arrest me instead!"

I guess this did not make for good public relations. Subsequently, I was placed into a hard bucket seat in a "marked" car. As I sat awkwardly on the hard seat with my hands cuffed behind my back, the pain from my injuries started to cross the point of unbearable. When I had a chance to bring someone’s attention to the problem, and asked to bring the handcuff’s to the front, "no" was all I heard.

Obviously, I was out of the hands of the "bully" which let me breath a little easier.

It took some time before two junior Deputies got finally into the car and drove off with me. Fly – would have been more accurate. I was without a seatbelt and they were driving dangerously. The radio was turned up full blast pounding my aching head with ugly garbage they dare to call music as they sped 20 to 30 miles above the speed limit through the city - nearly hitting an other car. "Slow down" I called out to them "if you want to kill yourselves that ‘s fine, but leave me out of it!" "I don’t’ fear death" said one green horn - "I was in Iraq" and he added in a proud tone: "I killed people" with an air indicating that he enjoyd doing so,  and had no respect for life. I had to keep my mind busy, so I lectured them about their awful noise they blasted so loud that my ears were hurting. "You dare to call that garbage music" I commented and ask them to turn it down. Then came the near miss with the other car and I had a new subject to dwell on.

What a sick, warped mind! Those trained killers and law breakers become law enforcement personnel? I thought to myself, not knowing where they were driving me.


CHAPTER 8

KINO HOSPITAL’S MENTAL WARD
INSTEAD OF JAIL!


When we finally arrived - to my dismay - it was not the jail. They delivered me to the mental ward at Kino Hospital!

This was not good. This Hospital had a very bad reputation, and I knew of some horror stories from their passed.

Oddly enough, the hand cuffs came off almost immediately. I stood in the hallway for some time and was glad when I finally was led into a room.

When the usual office worker with a clip board arrived to get my signature, I declined. For one, I was not there under my free will, did not know why I was there and saw no reason for me to be there.
I was not about to sign away my life, and I repeatedly asked to see the arrest warrant.

Some time back I was made to understand that once you sign into a mental ward, your life is no longer yours to decide over.

I recalled that some month prior, that hospital was under investigation because, as alleged, a person mysteriously died in their care.

Next,  they wanted to take my x-rays. "No – I had enough of those things for my life – I have disabling injuries and don’t need to be expose to more health hazards." The fellow attempted to threaten me into submission. I stood my ground, having read the pamphlet in the room and knowing my rights.

"She can read" - I heard some one comment out in the hallway. "What was that all about" I questioned thinking to myself.

Following,  I alerted the medical persona, that I have serious allergic reactions to anything stronger than Bufferin, for lack of specificity. I appreciated the fact, and was greatly relived that I was not being ridiculed,  and/or pressured to take any medication.

Still worried about my kiddies and my non secured home, I was permitted to call my friend. She assured me that the kiddies were fine and that the door was temporarily put in place so that it could be partially locked. I was further able to instruct her to call my friend B who set our preset plan in motion.

After repeated inquiries, finally on April 08, 2005, at 00:30 hr, a defective paper was presented to me. I questioned the time; the lack of service; missing signature from the alleged Judge: Missing pages 1 through 4, on pg 6, the stamp in lieu of the required judges signature; on page 9, missing printed name of Petitioner – Medical Director/Deputy, with a questionable , illegible signature. Although, it appears that the documents were faxed to Kino Hospital at 19:15 hr, why were they not presented to me earlier?

My overall conclusion was, that the document was a fake, and highly questionable, along with the outrageous, and ludicrous claims which were made therein. Any one who knows me, immediately recognized that those claims were fraudulent, absurd. and totally not me.

Once more, the author(s) and collaborators of that document, knowingly making false statements in a public proceeding, incriminated themselves with a CLASS 6 FELONY ACT.

Except for the initial threat, all subsequent persons I came in contact with at Kino Hospital, treated me surprisingly, and exceptionally well. In that respect, I have only praise for those employees.

Once I was seen by the evaluating doctor on April 08, 2005, I was immediately released. "They will be back" I was cautioned. "Thank you - yes I now." This was not the first time either.


CHAPTER 9

BARCELONA BOARD & MANAGEMENT’S
ILLEGAL ENTRY, REMOVAL, THEFT & DESTRUCTION OF MY PERSONAL PROPERTY.

While I was being detained, some one went to check on my unit, and to take pictures of the demolished door. The person witnessed that the Barcelona condominium board, management and crew, had illegally entered my property, and IN MY ABSENCE REMOVED ALL MY LIVING PLANTS from my open air 20X10 foot balcony.

This confirmed that Barcelona board & management were involved in organizing this sordid issue. Once again, it was a pure act of harassment confirmed by the fact that they caped the only water faucet downstairs where they placed my plants - so that I could not water them. Some plants are missing and others were damaged (see pictures).

Since there is a Court Order with an alleged Mutual Injunction against harassment, the Board & management gravely violated said Court Order. Thus, THEY are guilty of "Interfering with the Judicial Process"



ADDENDUM

That the entire calamity, ruse and deceit was a collaborated effort coordinated between the Sheriff’s Department, the adjacent business, BR and S,   at 401 West Orange Grove Road, the
Barcelona board & management, RS (X- board member who continues with petty acts of harassments and previously attacked me, stole my camera and house keys) their Attorney, JO, who appears to act as the protector for the criminal activities for the collaborators, and appears to be the liaison between the County Attorney’s office and the judiciary.

Does this not appear to imprint the picture of a perfect "Lawyer Induced Criminal Organization?"

IS THE ALLEGED DETECTIVE "H" A BAD APPLE?

On 2005-04-26 an alleged H, Badge # 1183, who claimed to be from the detective unit, phone # 547-6260, called allegedly to ?Investigate? - "bully" - me into ADMITTING the alleged BR &S's FALSE ACCUSATIONS. It quickly became clear that his intentions were not honorable. When I spoke, he interrupted to no end and falsely claimed that I was "rambling" – it was obvious, that he was NOT interested to hear MY SIDE to the false claim.

The missing shoe boxes were highly suspect. They obvious intended to use them to perfect their false claim.

H appears to be repeatedly involved with the false accusations issued by the Barcelona Manor condominium board & management.

The records stand proof to the " False Accusations," followed by "Malicious Prosecution," grave "Violations of Rules of Court" and "Due Process of Law."

IS THIS A POLICE STATE?

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© 2005 All Rights Reserved

Rogue Sheriff's kicked in my entry door and committed theft of shoes &   boxes.

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Thrown through the living room,  kicked and beaten by  rogue Sheriff detective "A" upon an illegal entry.

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BELOW:
The wrist was so tightly handcuffed  and left on for approximately 4-5 hours,    that it cut off all blood to the hands,  froze them and left  a deep black indentation around the wrists.

 


This pictures were taken 3 days later.

 

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While the board,  & Sherff had me confined at Kino Hospital,  the Barcelona Board ,  Manangement and crew,  gained illegal access to my unit and removed all living plants from the balcony.  If it were not just pure harassmentit,  while the pot with the dead plant and the heavy  briks were left on the balcony.

CONSPIRACY COMPLETE


BR&S, the Sheriff’s and the Barcelona Manor Condominium Association Board & Management
collaborate in this conspiratorial endever - as usual! It's harassment, harassment, harassment! Of course, I never can enforce the Court Order which forbids them to harass me!

When my worker took this picture, the manager and crew, who were on the third floor balcony, thrown a steel rod & an industrial hammer at him! (two deadly weapons ). The sheriff's refused to arrest the perpetrators (Barcelona manager & crew) and refused to press assault charges upon repeated requests.

My worker was shaking like a leaf!

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1990 Pre & After Election Harassments

Mutilated Faucet

All Building # 8 Faucets were mutilated or capped to prevent us from saving our dying vegetation which was never watered.

This page last modified on Tuesday, February 07, 2006