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8/9/2019 Lee County FL Fraud and Extortion Res 1651
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FOR BRIBES, THE 11TH
CIRCUIT CONCOCTED RESOLUTION 569/875
1. Corruptly, the 11th
Circuit concocted a resolution 569/875. See 04/21/2009
Opinion, p.3. No record or entry of any such resolution 569/875 can be found
to exist in the public record. Prima facie unsigned and unexecuted Official
Record [O.R.]569/875 was admittedly never enacted or adopted by Lee
County. The null and void claim is an eminent domainextortion and fraud-
scheme and not a resolution. No legislatorcould be identified. This Court
fabricated a resolution number.
11TH
CIRCUIT CONCEALED REMOVAL OF CLOUD BY SHAM CLAIM
2. In 1998, Lee County had removed/eliminated the cloud by Lee County
eminent domain extortion and fraud-scheme O.R.569/875 pursuant to Blue
Sheet 980206 and O.R.2967/1084-1090. Therefore, the case-fixing 11th
Circuit
concealed that Appellants perfect legal title to PID 12-44-20-01-00015.015A
was unencumbered by said forgery and free and clear. Removed sham
claim O.R.569/875 could not have possibly effected any permanent taking.
Here, this Court concealed that it was as if said forgery had never existed. This
Court conceded Appellants unconstitutional temporary takings claim.
THE 11TH
CIRCUIT TREATED APPELLANTS DISPARATELY
3. Violative of the Equal Protection Clause, the 11th
Circuit treated Appellants
disparately as compared to similarly situated Alice M.S. Robinson [see Blue
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Sheet 980206 and O.R.2967/1084-1090] and A. C. Roesch, who received and
subdivided his accreted lands. Subdivided accretions formed Appellants Lot
15A[A=Accreted]. See all 4 publicly recorded Subdivision Plats at
www.leeclerk.org. Deceptively, the 11th
Circuit concealed said publicly
recorded disparate treatment. The Court concealed that Lee County did not
deliberately deprive Robinson as compared to Appellants: e.g., Robinsons
similar riparian lot 38A was 560ft south of Appellants Gulf-front Lot 15A.
THE CORRUPT 11TH CIRCUIT DEFRAUDED/DEPRIVED APPELLANTS
4. The corrupt 11th
Circuit concealed that Lee County, Florida, eminent domain
extortion and fraud-scheme O.R.569/875 invoked Federal subject-matter-
jurisdiction. See Boom Co. v. Patterson, 98 U.S. 403, 406(1879). For
Appellees bribes, the corrupt 11th
Circuit defrauded and deliberately
deprived the Appellants of Federal adjudication of their multiple ripe
independentFederal and State claims. For Appellees bribes, the corrupt 11th
Circuit falsely pretended and stated that said extortion-scheme was a
legislative act and fabricated ripeness requirements.
CORRUPTLY THE 11TH
CIRCUIT CONCOCTED UNIDENTIFIED AREAS
5. Appellants and Appellees had proven the platted 60 wide designated street,
which is adjoining Appellants riparian Gulf-front Lot 15A in the
undedicated private Cayo Costa Subdivision. However for bribes, the
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corrupt 11th
Circuit conspired to concoct unidentified/undesignated areas,
tamper with the indisputable public record evidence and witnesses for the
illegal purpose ofdefrauding and deliberately depriving the Appellants:
Most of the allegations in the complaint concern the [non-existent]
1969 Lee County Resolution 569/875, which claimed the undesignated
areas on the east and west side of the Cayo Costa subdivision plat and all
accretions thereto as public land to be used for public purposes.
Here, the 11th
Circuit concealed the platted designated 60 wide street and that
no undesignatedorunidentified areas ever existed. The Judges are psycho-path
ological liars who pervert public record evidence in order to obstruct justice
and adjudication. Here, this Court extends said fraud-scheme for bribes.
THE 11TH
CIRCUIT CONCEDED TO APPELLANTS OWNERSHIP
6. In its April 21, 2009, Opinion, the 11th
Circuit conceded that
The Appellants are owners of [riparian Gulf-front] Lot 15A [PID 12-
44-20-01-00015.015A] in the [undedicated private] Cayo Costa
subdivision in Lee County, Florida. Op., p. 2.
The Appellants [riparian Gulf-front] Lot 15A is on the west side of
the Cayo Costa subdivision on the Gulf of Mexico Op., p.3.
THE 11TH
CIRCUIT PERVERTS THE INDISPUTABLE PUBLIC RECORD
7. The 11th
Circuit perverted said extortion-scheme O.R.569/875 into a
legislative act to defraud and deliberately deprive Appellants of their
Constitutionally-guaranteed rights under the 1st, 4
th, 14
th, 5
th, 7
th, and 11
th
Amendments, 42 U.S.C. 1983, 1985, 1988, 28 U.S.C. 455, 18 U.S.C.
241, 242. The corrupt 11th
Circuit concealed that Appellants riparian Gulf-
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front lands and vested riparian rights are fundamental Constitutionally-
protected property. Appellants and Appellees had evidenced Appellants
pursuit of the exclusiveremedy ofinvalidation and damages in State Court
for Appellees unconstitutional temporary takings of Appellants
fundamental Constitutionally-protected property [PID 12-44-20-
0100015.015A; private Cayo Costa easements; riparian rights; causes of
action]. Federaljudicial Defendant-Appellees Steele and Polster-Chappell had
removed Appellants Stateaction to Federal Court. However forbribes, the
corrupt 11th
Circuit concealed Appellants pursuit of invalidation of said
forgery in Lee County Circuit Court, Case # 06-CA-3185.
CONCEDEDLY, THE FEDERAL COURT WARNED APPELLEES
8. The 11th
Circuit noted
that the district court has now warned the Appellees that their conduct
may warrant sanctions in the future if continued. See Op., p.12.
Here, concealment of the nullity of O.R.569/875 and deliberate deprivations
under false pretenses that O.R.569/875 is a legislative act are crimes for
which the 11th
Circuit Judges and [Appellees] have no immunity.
THE COURT CONCEALED JURISDICTION UNDER 28 U.S.C. 1343
9. This Circuit conspired to conceal that the Plaintiff-Appellants predicated
jurisdiction over theirripe independent causes of action on, e.g., 28 U.S.C.
1343(3) as the source of the District Court's jurisdiction to hear their 42 U.S.C.
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1983, 1985, 1988 claims. Section 1343(3) grants to the Federal courts
jurisdiction to hear claims alleging state deprivation(s) of Constitutional
rights or rights secured by Federal statutes providing for equal rights. Said
well-proven Federal statutory rights included 28 U.S.C. 455 and mandatory
recusal of, e.g., Def.-Appellees Steele, Polster-Chappell, Lazzara, and Pizzo.
Here, Steele and Polster-Chappell concealed that the indisputable "facts
alleged in the [Appellants] complaint[s] satisfy the jurisdictional
requirements of the statute." Southpark Square Ltd. v. City of Jackson, 565 F.2d
338, 341 n.2(5th
Cir. 1977), cert. denied, 436 U.S.946, 98 S.Ct.2849, 56L.Ed.2d
787(1978). Schlesinger v. Councilman, 420 U.S.738, 744 n.9, 95
S.Ct.1300,1306, n.9(1975). See also Doc. # 87, in which Steele himself asserted
42 U.S.C. 1983 as ajurisdictional basis for Appellant(s) suit(s). In his sham
05/05/2008 Opinion and Order, on p. 6, Appellee Steele had stated:
The [Busses] Third Amended Complaint asserts the Court has
jurisdiction based on the Civil Rights Act (42 U.S.C. 1983), 28 U.S.C.
1343, Articles 3 and 4 of the United States Constitution, and
Amendments 4 and 5 of the United States Constitution (Doc. #288,
7) No ripeness requirements ever attached.
Here, the 11th
Circuit conspired with Steele to defraud Appellant(s) of their
causes of action under false pretenses of a concocted legislative act and
extortion-scheme O.R.569/875. The 11th
Circuit and Steele conspired to
conceal that no ripeness requirements could have possibly attached to
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Appellants Fourth Amendment and Fifth Amendment claims under the
indisputable public record evidence in this case. The 11th
Circuit and Steele
knew thatpublic use was impossibleabsent any legal description, boundaries,
publicpurpose/use, and necessity in said forgery O.R.569/875. The 11th
Circuit
concealed that the public never had any access to said undedicated Subdivision.
THE COURT CONCEALED JURISDICTION UNDER 28 U.S.C. 1331
10. Here, the 11th
Circuit Judges conspired to conceal that Plaintiff-Appellants also
had a direct cause of action under the eminent domain clause, just
compensation clause, 14th, 4
th, 7
th, 1
st, and 11
thAmendments, and that the
District Court had Federal question jurisdiction over the State eminent domain
fraud issues under 28 U.S.C. 1331. The district court had jurisdiction over
Appellants said claims pursuant to the general Federal question statute, 28
U.S.C. 1331, for it was evident that their claims involved substantial Federal
disputes [under the 1st, 4
th, 14
th, 7
th, 5
th, and 11
thAmendments]. Mobil Oil Corp.
v. Coastal Petroleum Corp., 671 F.2d 419, 422-23(11th
Cir. 1982). Appellees
Lee County had also cited Mobil Oil in their Appellate Brief on pp. ii, 7.
ARSON/FIRES, SEIZURE, AND PROPERTY/FENCE DESTRUCTION
11. The 11th
Circuit conceded that Appellees 2008 fires and/or arson in
residential private Cayo Costa destroyed Appellants property, which invoked
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Federal jurisdiction under the 4th
, 14th
, 7th
, and 1st
Amendments. No ripeness
requirements could havepossibly attached. This Circuit was objectively biased.
THIS COURT CONCEALED THE IMPOSSIBILITY OF CONDEMNATION
12. This Court concealed the absolute impossibility ofcondemnation, inverse or
direct, in this case.Eminent domainextortion and fraud-scheme O.R.569/875
claimed undesignated un-numbered and unlettered areas, which were
never platted and did not exist. Unexecuted and unsigned O.R.569/875 lacked
a legal description and boundaries and any area determination was impossible.
This Court concealed that the description in sham O.R.569/875 was null and
void. Fraudulently, this Court concocted 200 Acres absent any boundaries.
See 03/05/2009 Opinion. While this corrupt Court falsely stated 200 Acres,
Appellee Wilkinson fabricated 107 Acres. This Court deceived the public
and misapplied Eide, Reahard, Tinney, Greenbriar, Lake Jackson to said
eminent domainfraud-scheme.
THIS COURT CONCEALED WEST PENINSULAR PRECEDENT
13. In West Peninsular Title Co. v. Palm Beach Cty., 41 F.3d 1490(11th
Cir.
1995)1, 11
thCircuit Chief Judge Edmondson co-wrote:
And, plaintiffs arbitrary and capricious due process claim is ripe.
Plaintiffs accused the County of applying an arbitrary and capricious
action ... Plaintiffs claim was ripe as soon as the County applied the
1http://bulk.resource.org/courts.gov/c/F3/41/41.F3d.1490.93-4449.93-4104.htmlVolume 41, The Federal Reporter, 3d Ed. [Nov., 1994 Jan., 1995]
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ordinance See Eide v. Sarasota County, 908 F.2d 716, 724 n.13(11th
Cir. 1990).
But the County insists that adjoining landowners own the strip parcels,
citing Murrell v. United States, 269 F.2d 458 (5th
Cir.1959), as an
alternative to 16.33 Acres.
Here for Appellees bribes, this Court conspired to pervert binding
precedent of West Peninsular, Murrell, 16.33 Acres, and Eide, supra.
Furthermore, Lee County itself had cited 16.33 Acres in its Appellate Brief on
pp. ii, and 7. With particularity, Murrell cited Caples v. Taliaferro, 197 So
861(Fla. 1940). The Florida Supreme Court held in Caples v. Taliaferro, that
title to the entire street vests in the owner of the abutting lots within the
subdivision. Here, Appellant abutting Cayo Costa lot owners held perfect title
to said entire designated 60 wide street.
THIS COURT CONCEALED DESIGNATED STREET TO DEFRAUD
14. This Court and the Appellees conspired to conceal that in the First Case in
Doc. # 5, Lee County conceded the fraud and absence of undesignated
areas:
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, 17So. 411, 412(1895).
Here, Appellants had the equal riparian rights of similarly-situated Alice M.
S. Robinson, because they perfectly own their upland, adjoining platted
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designated street, and accretions thereto pursuant to the public record.
Furthermore, Lee County had removed the cloud of forgery O.R.569/875 in
1998. This Court concealed/perverted said removal. Therefore, Appellants
title was free and clear and unencumbered by said fraud-scheme.
THE COURT PERVERTED THE PUBLIC RECORD AND PLAT
15. Here, the 11th
Circuit Judges conspired to conceal that there was a designated
street and an actual water boundary. In particular, Lee County conceded:
Florida law states: The land to which the owner holds title mustextend 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.
16. Here, the Federal Courts criminally concealed that Appellants own riparian
Gulf-front Lot 15A free and clear of said forgery, which extends to the
ordinary high water mark of the Gulf of Mexico. The 11th
Circuit
conceded that Appellants are the owners ofriparianGulf-front Lot 15A.
THE COURT PERVERTED AUTHORITIES BY ATTORNEY GENERAL
17. Steele and Polster-Chappell conspired to conceal the binding precedent cited
by Floridas Attorney General in, e.g., AGO ## 78-118, and 78-125 regarding
platted designated streets in subdivisions.
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THE COURTS SANCTIONED APPELLANTS TO SILENCE THEM
18. Steele unlawfully sanctioned the Appellant(s) in order to obstruct justice and
the exclusiveremedy of invalidation of said forgery. Steele conspired with
the Appellees and law enforcement to threaten and intimidate the Appellant
whistle-blowers and witnesses to Steeles crimes of, e.g., false pretenses,
deliberate deprivations, fraud, and extortion. Under public policy, Steele and
Polster-Chappell have nojudicial immunity for theircrimes.
STEELE SLANDERED APPELLANTS AS FRIVOLOUSTO GAG THEM
19. The Judges conspired to slander Appellants as, e.g.,frivolous, litigious, and/or
vexatious.
MANDATORY RECUSAL
20. Here, recusal was absolutely mandatory, because the U.S. District Court and
11th
Circuit Judges conspired to conceal the nullity and unconstitutionality of
eminent domainextortion and fraud-scheme O.R.569/875. The Judges had no
immunity for their extrajudicial crimes of, e.g., deliberate deprivations,
obstruction of justice, fraud, extortion, concealment, etc.
21. For bribes, the Federal Judges conspired with the Appellees to conceal that
said prima facie forgery was neversigned, enacted, passed or enacted. The
11th
Circuit conspired to falsely pretend that unidentified/undesignated,
unnumbered and/or unlettered areas were platted and/or existed in the
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undedicated private Subdivision. Said Judges concealed that Lee County
fraudulently conveyed interest in lands which have accretedto the lots of Ms.
Robinson. Corruptly, this Circuit deceived the public, because it knew that
Lee County never had any interest in any platted Cayo Costa lands by virtue of
eminent domain extortion and fraud-scheme O.R.569/875. This Circuit has
acted like common criminals in robes who are drunk with power. It has trashed
the Florida and Federal Constitutions and express prohibitions against
confiscation of private lands except for public use. Fake O.R.569/875 never
stated any particular public use/purpose or necessity. It did not even legally
describe any platted Subdivision lands. This Court lacks the intelligence to tell a
designated street from unidentified/undesignated areas. This criminal Court
concealed that all platted Subdivision areas were lots, streets, or alleys. All lots,
streets, and alleys belong to A. C. Roesch and his successors-in-title. Title to the
accretions runs with the uplands. The upland titles include fee simple ownership
of the designated street and accretions. This Court perverts fundamental
principles of real property law in order to defraud and deliberately deprive. The
Appellants have a fundamentalConstitutional right to redress their grievances
with the objective partiality and unfitness of the Federal Courts. Appellee
Steele had disallowed the Appellants to assert the nullity and illegality of
O.R.569/875 in order to cover up Cayo Costa Gate.
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ADOPTION BY REFERENCE
22. By reference the Appellants include any and all Briefs and Pleadings in the
Federal Courts in this Petition for Re-Hearing En Banc, and including, e.g.,
their attached 03/06/2009 Petition for HearingEn Banc, Emergency Motions
for Protective Order, to Stay and Vacate, and Memorandum regarding
Obstruction of Justice. As a matter of law all Federal Court orders are
automatically stayed, because they are based onjudicial fraud/extortion and
false pretenses that eminent domainextortion and fraud-scheme O.R.569/875
is a legislative act or resolution. This Court has conspired to pervert the
short and plain truth that O.R.569/875 was null and void ab initio.
23. This Court obstructed justice for the pro se Appellants. The Federal Courts
fabricated lack of jurisdiction over State eminent domain issues and the
unconstitutional temporary takings underfraud-scheme O.R.569/875 and
otherindependent ripe Federal claims, but reached and perverted the merits
by fabricating a legislative act/resolution 569/875. If [merely
hypothetically] the Federal Courts would have lacked jurisdiction [which they
did not under, e.g., West Peninsular, Boom, Corn, Anthony, supra], they were
prohibited from perverting the merits. Appellants concededly validly
pleaded legal claims turned on the nullity, illegality, and fraud of
O.R.569/875. While obstructing proper inquiry, discovery, and the parties
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responses, the Federal Courts perverted the merits, concealed that
O.R.569/875 was a fraud-scheme, and obstructed adjudication on
Appellants highly meritorious merits and highly cognizable ripe
independent Federal claims.
24. In its typical irrational mode of operation, this Courts Opinions fatally
conflicted with each other. While in # 08-13170-BB, the Court awarded
damages to threaten the Appellants and obstruct justice, it denied Appellee
Wilkinsons sanctions in 08-14846-FF while asserting similarity of said cases.
Here, the falsely allegedfrivolity was impossible underbinding precedent of,
e.g., Boom, Anthony, Corn, because the exclusiveremedy was invalidation of
eminent domain fraud-scheme O.R. 569/875 and damages for the conceded
temporary taking underfalse pretenses of said forgery.
25.Without any rationalexplanation, this Circuit refused to recuse itselfin toto.
However, no reasonable and fit Circuit could have possibly found and
concluded that prima facie unexecuted and defective O.R.569/875 [the cloud
of which had been removed] was a legislative act. Its property description
was null and void, and no legislator ever executed it. This Court willfully
misconstrued the 1912 Plat in order to obstruct justice. This Court concealed
that the natural monument/boundary of the platted Gulf of Mexico
superseded any dimensions/measures. Appellants publicly recorded
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conveyance called for the Gulf, which the Judges perverted in exchange for
Appellees bribes. The State eminent domain issues must be heard by an
impartial Circuit, which does not conspire to pervert the public record and
conceal the nullity and illegality of O.R.569/875 which violates the express
prohibitions of the Florida and Federal Constitutions. Violative of Floridas
Sunshine Laws, this Court conspired to operate in secrecy absent any
evidence to support its fabrications of a legislative act and/or resolution.
Unless this Court can produce reliable and competent proof of said
fabrications, it must be prosecuted forobstructing justice and case-fixing in
exchange for Appellees bribes.
______________________________ ___________________________
/S/JENNIFER FRANKLIN PRESCOTT /S/DR. JORG BUSSE
P.O. BOX 845, Palm Beach, FL 33480 P.O. Box 7561, Naples, FL 34101
T: 561-400-3295 T: 239-595-7074; [email protected]
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