FRAUD ON THE COURT(S)

DECEPTION, TRICKERY & FRAUD ON THE COURT(S)

2. As an Officer of the (various) Courts, Defendant corrupt Lee County Assistant Attorney Peterson falsely and fraudulently pretended, e.g., to the U.S. Court of Appeals:

“STATEMENT OF THE CASE

Nature of the Suit

Appellant Busse claims to own and public records confirm his ownership of a 50’ x 130’ lot bordering a platted 60’ street on a barrier island in Lee County named Cayo Costa. Busse claims riparian rights. The State, the County and the Property Appraiser deny his claim of riparian rights.”

See Answer Brief of Defendants-Appellees Lee County, Florida, and Board of Lee County Commissioners, in the U.S. Court of Appeals, 11^th Circuit, Case # 08-13170-B, dated 08/14/2008.

Here, Defendant Peterson perpetrated extrinsic fraud and fraud on the Court(s). Peterson conceded that Plaintiff(s) “claim riparian rights”, which were conclusively proven by the newly discovered evidence and indisputable and un-rebutted 1912 Plat evidence on record, PB 3, PG 25 (1912). Here, Peterson asserted that “[t]he State, the County and the Property Appraiser” treated the Plaintiff unimpeachable record owners disparately and wrongfully “denied” Plaintiffs’ vested riparian property rights and record unimpeachable private street lands and easement(s) ownership.

3. On 08/14/2008, Defendant Jack N. Peterson materially misrepresented:

“STATEMENT OF THE FACTS

Public records confirm that Busse owns a lot in a platted subdivision located in Lee County. This lot (50’ X 130’) abuts a platted 60 foot wide street. At some point westward of the street is the Gulf of Mexico. Since the subdivision was platted in 1912, considerable accretion has occurred on land bordering the Gulf of Mexico westward of Busse’s lot. Appellant claims riparian rights. Lee County has claimed said accreted lands for public park purposes.” Id., p. 4.

4. Here, Defendant Jack N. Peterson fraudulently concealed that

a. The “land bordering the Gulf of Mexico” is Plaintiffs’ platted adjoining riparian Gulf-front “paper” street land, to which the Plaintiffs hold unimpeachable, free and clear record title;

b. Plaintiffs’ platted adjoining riparian “paper” street lands abut and touch the navigable waters of the “Gulf of Mexico”, PB 3, PG 25;

c. Concededly, “considerable accretion has occurred” onto Plaintiffs’ adjoining riparian “paper” street “on the Gulf of Mexico”, to which the Plaintiffs hold unimpeachable, unencumbered, and automatically quieted record title pursuant to Florida’s self-enforcing Marketable Record Title Act;

d. Plaintiffs’ platted riparian “lot”, i.e. Lee County Gulf-front Parcel # 12-44-20-01-00015.015A, has a surveyed depth of more than 2,300 feet, and an area of more than 2.6 Acres pursuant to said Plat and the 2008 Surveys on the record;

e. Lee County never “claimed” and/or asserted any “claim”;

f. No “Lee County” “claim” could have possibly created and/or transferred any interest or estate in Plaintiffs’ riparian Gulf-front street land to Lee County, FL;

g. The Plaintiffs’ hold exclusive unimpeachable and unencumbered record title to said platted adjoining riparian Gulf-front street, which runs with Plaintiffs’ riparian upland.

5. Here corruptly, Peterson perverted the public record and said 1912 Plat for the unlawful purpose of deliberately depriving and defrauding the Plaintiff record street owners. Here, Peterson deliberately misconstrued and materially misrepresented Plaintiffs’ unimpeachable record conveyance of riparian Parcel # 12-44-20-01-00015.015A “on the Gulf of Mexico”. Defendant Peterson deceived the Court(s), e.g., about Plaintiffs’ true unimpeachable and unencumbered

a. Record ownership of; and

b. Record marketable and paramount title to

riparian Gulf-front Parcel # 12-44-20-01-00015.015A, which abuts and/or touches the “Gulf of Mexico”, PB 3, PG 25 (1912)...

LEE COUNTY CORRUPTION INVESTIGATION

DEFENDANTS STATE OF FLORIDA,

FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, AND

BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND

1. The Plaintiff declared unimpeachable record owners of said platted riparian subject Parcel # 12-44-20-01-00015.015A “on the Gulf of Mexico” in the private undedicated residential Cayo Costa Subdivision, PB 3, PG 25 (1912) sue the Defendants State of Florida, Department of Environmental Protection, and Board of Trustees of the Internal Improvement Trust Fund, and the State Officials in their private individual and official capacities.

UNLAWFUL POLICY & CUSTOM OF FRAUD AND DELIBERATE DEPRIVATIONS

2. This suit is also based on said Defendants’ and their State Officials’ criminal acts of record and said Defendants’ policy and custom of deliberately depriving and defrauding the Plaintiff record owners under false and fraudulent pretenses of purported governmental ownership in the prima facie absence of any government title to, e.g.:

a. Plaintiffs’ private implied “paper” street and alley easements across the private undedicated residential Cayo Costa Subdivision, Plat Book 3, page 25 (1912), in Lee County, Florida;

b. Plaintiffs’ private adjoining riparian “paper” street lands and easement “on the Gulf of Mexico”, Parcel # 12-44-20-01-00015.015A [“A” for “ACCRETED”], PB 3, PG 25.

FRAUDULENT CONCEALMENT

3. Based on the newly discovered 11/17/2009 testimony and Lee County Value Adjustment Board [V.A.B.] Hearing and other record evidence, Defendants State of Florida knew, fraudulently concealed, and conspired with other Officials to conceal the Western [seawards] “Gulf of Mexico” natural boundary and monument of Plaintiffs’ riparian Gulf-front subject Parcel # 12-44-20-01-00015.015A, which controlled Plaintiffs’ record conveyance. See platted triple tidal meander line(s), Plat Book 3, Page 25; and Surveys on record. Said Defendants concealed that the Plaintiff declared riparian record owners held automatically quieted and perfected record title to, e.g.:

a. Plaintiffs’ private implied “paper” street and alley easements across the private undedicated residential Cayo Costa Subdivision, PB 3, PG 25 (1912);

b. Plaintiffs’ private adjoining riparian street lands and easement “on the Gulf of Mexico”, Parcel # 12-44-20-01-00015.015A [“A” for “ACCRETED”], Plat Book 3, p. 25.

OBSTRUCTION OF JUSTICE

4. On 04/21/2009, the 11^th Federal Appellate Circuit had dispositively declared the Plaintiffs the unimpeachable record owners of their riparian Gulf-front subject Parcel # 12-44-20-01-00015.015A, marketable unencumbered title to which had been automatically quieted by Florida’s self-enforcing Marketable Record Title Act:

“The [Plaintiffs’-]Appellants’ Lot 15A [riparian Gulf-front Parcel 12-44-20-01-00015.015A, Lee County Plat Book 3, p. 25 (1912)] is on the west side of the Cayo Costa Subdivision on the Gulf of Mexico and is adjacent to land that was claimed through resolution 569/875 to create the Cayo Costa State Park.”

See PRESCOTT, No. 08-14846, 2009 U.S. App. LEXIS 8678, 2009 WL 1059631.

Here, said Defendants fraudulently concealed that the “Cayo Costa State Park” is “adjacent to” and entirely North of the private undedicated residential Cayo Costa Subdivision, PB 3, PG 25 (1912). No “park” exists in the facially undedicated private Cayo Costa Subdivision pursuant to said 1912 Subdivision Plat of Survey.

5. In “Defendants’ Response to Plaintiff(s)’ Request for Admissions”, # 2, dated 03/31/2008, Lee County Circuit Court, Case # 06-CA-003185, Defendants State of Florida:

“ADMITTED that Plaintiff owns Lot 15A according to the Cayo Costa Subdivision Plat Map, but DENIED that Lot 15A is riparian, Gulf front, or that it abuts the navigable waters of the Gulf of Mexico.”

See Request for Admissions # 2.

“Plaintiff(s) own(s) vacant riparian Gulf front lot 15A, Lee County Plat Book 3, Page 25, Cayo Costa Subdivision, S.T.R.A.P. # 12-44-20-01-00015.015A, which abuts the navigable waters of the Gulf of Mexico.” See Request for Admissions # 2.

Here, said Defendants’ DENIAL was a deliberately false statement, because Plaintiffs’ riparian Gulf-front Parcel # 12-44-20-01-00015.015A abuts and touches the navigable waters of the “Gulf of Mexico”, PB 3, PG 25 (1912). Here, Defendants State of Florida perverted the truth and obstructed justice.

6. On its face, Defendants’ DENIAL was obstructive and fraudulent and controverted by said 04/21/2009 dispositive Declaration by the U.S. Court of Appeals:

“The [Plaintiffs’-]Appellants’ Lot 15A [riparian Gulf-front Parcel 12-44-20-01-00015.015A, Lee County Plat Book 3, p. 25 (1912)] is on the west side of the Cayo Costa Subdivision on the Gulf of Mexico and is adjacent to land that was claimed through resolution 569/875 to create the Cayo Costa State Park.”

See PRESCOTT, No. 08-14846, 2009 U.S. App. LEXIS 8678, 2009 WL 1059631.

7. In “Defendants’ Response to Plaintiff(s)’ Request for Admissions”, # 3, dated 03/31/2008, Lee County Circuit Court, Case # 06-CA-003185, the Defendants:

“ADMITTED that no signatures appear on the face of Lee County Public Record O.R. 569/875, but otherwise DENIED.”

See Request for Admissions # 3:

“Unsealed O.R. 569/875 was not signed, authorized, acknowledged, or adopted.”

Here, Defendants’ DENIAL was a deliberately false statement, because “unsealed prima facie fake “claim” and scam “O.R. 569/875” was not authorized or adopted by any “legislator”. No “legislator” could be identified on said counterfeit “claim”, and Lee County never asserted any “claim”. “O.R. 569/875” lacked any legal description and color. The Defendants fraudulently and deceptively concealed that no legislation and/or resolution could possibly involuntarily divest anyone or any property owner of his property. Here, Defendants State of Florida perverted the truth and obstructed justice.

8. In “Defendants’ Response to Plaintiff(s)’ Request for Admissions”, # 1, dated 03/31/2008, Lee County Circuit Court, Case # 06-CA-003185, said Defendants stated:

“Objection, request for admission # 1 is vague and ambiguous as it does not provide a sufficient description of the private vacant land(s) and accretion(s).”

See Request for Admissions # 1:

“Lee County does not hold title to nor own the private vacant land(s) and accretion(s) claimed in Lee County Official Record (O.R.) 569/875.”

Here, said Defendants in effect ADMITTED that fraudulent “Lee County” “claim” and scam “O.R. 569/875” did not

“provide a sufficient description of the private vacant land(s) and accretion(s).”

Because “Lee County” fraud scheme “O.R. 569/875” admittedly lacked any signatures and execution by any Lee County legislator as well as any legal description, it was colorless. In particular, said scam “O.R. 569/875” did not provide any platted legal description in reference to Plat Book 3, p. 25 (1912). Here, Defendants State of Florida perverted the truth and obstructed justice.

CONSPIRACY

9. Said Defendants knew, concealed, and conspired with other Government Officials to conceal that

a. Plaintiffs had fundamental Federal and Florida Constitutional rights to own and exclude government and the public from their adjoining riparian “paper” street lands and private street easement as legally described and platted in 1912, PB 3, PG 25;

b. Plaintiffs had fundamental Federal and Florida Constitutional rights to own and defend their Constitutionally protected property against arbitrary and capricious governmental attacks and false ownership claims, which are totally unrecognized by the law;

c. Plaintiffs had fundamental Federal and Florida Constitutional rights to redress their governmental grievances without oppression and abuse, and in particular, without being criminally coerced to refrain from prosecution under fraudulent pretenses of, e.g., “frivolity” and “lack of jurisdiction” over Plaintiffs’ conclusively evidenced legal causes of action of deliberate deprivations and fraud;

d. Plaintiffs’ unimpeachable marketable record title to their adjoining riparian “paper” street lands “on the Gulf of Mexico” runs with Plaintiffs’ paramount title to their riparian upland, Parcel # 12-44-20-01-00015.015A;

e. Florida’s self-enforcing Marketable Record Title Act had automatically quieted Plaintiffs’ perfected marketable title to their abutting riparian “paper” street lands and private street easement on the Gulf of Mexico”;

f. Involuntary alienation of Plaintiffs’ adjoining riparian “paper” street lands had never occurred and was factually and legally impossible under the express prohibitions of Florida’s Constitution and Statutes; see Florida’s eminent domain and adverse possession Statutes;

g. The extent of Plaintiffs’ unimpeachable record conveyance of Parcel # 12-44-20-01-00015.015A in reference to said 1912 record Subdivision Plat, PB 3, PG 25, was controlled by the natural boundary and monument of the “Gulf of Mexico”;

h. “Lee County” forged ownership and/or title “claims” were never any genuine issue of material fact, but prima facie illegal fraud and extortion schemes;

i. Defendants’ perversions and unlawful “challenges” of the record extent of Plaintiffs’ unimpeachable record grant of riparian Gulf-front Parcel # 12-44-20-01-00015.015A were never any genuine issue of material fact, because the lawful construction and interpretation of said 1912 Plat, record platted legal description [Gulf-front Parcel # 12-44-20-01-00015.015A], and record legal boundaries of Plaintiffs’ riparian subject Parcel “on the Gulf of Mexico” were patently clear.

MALICIOUS MATERIAL MISREPRESENTATION OF RECORD TITLE(S)

10. In particular, said Defendants materially misrepresented and/or fraudulently concealed the true record depth of Plaintiffs’ riparian street and their accretions thereto along the “Gulf of Mexico” in 2008:

a. Along Northern Parcel boundary: “2,161.48 feet”;

b. Along Southern Parcel boundary: “2,201.14 feet”;

Here, the average depth of Plaintiffs’ riparian street and accretions thereto was 2,181 feet. See “Accreted Lands” depicted in Surveys on record; see also Plaintiff(s)’ Affidavits in the public records of Lee County, Florida.

11. Here, the record depth of Plaintiffs’ private riparian street easement and adjoining Gulf-front street lands in 2008 was 2,181 feet; and the record depth of Plaintiffs’ riparian Gulf-front Parcel # 12-44-20-01-00015.015A was 2,311 feet [2,181 ft + 130ft = 2,311 ft].

12. The record width of Plaintiffs’ riparian street lands, which the Plaintiffs own fee simple was 50 feet; and the record width of Plaintiff’s riparian upland was 50 feet.

13. Said Defendants concealed and conspired with other Officials to conceal the 2008 total record area and/or size of Plaintiff record owners’ riparian Gulf-front Parcel # 12-44-20-01-00015.015A of 2.6 plus Acres: 2,311 ft x 50 ft = 115,550 sq. ft or more than 2.6 Acres. Here, the 2008 record area of Plaintiffs’ riparian adjoining Gulf-front street lands was 2.5 Acres, and the 2008 record area and/or size of Plaintiffs’ riparian upland was only 0.15 Acres [6,500 sq. ft / 43,560 sq. ft].

14. Here therefore, the Defendants knew, concealed, and conspired to conceal that Plaintiffs’ riparian upland area was less than 6 (six) per cent of Plaintiffs’ total Parcel area. Plaintiffs’ riparian street lands “on the Gulf of Mexico” were more than ninety-four (94) per cent of the total area of Plaintiffs’ riparian Parcel # 12-44-20-01-00015.015A, which admittedly touches and/or abuts the “Gulf of Mexico”. See Transcript of 11/17/2009 Lee County VAB Proceedings.

BREACH OF PUBLIC TRUST

15. Determination of the platted boundary of the “Gulf of Mexico”, PB 3, PG 25 (1912) is a simple non-discretionary act. In “Defendants’, Board of Trustees, Response to Plaintiff(s)’ Request for Admissions”, dated 09/18/2008, Defendants’ Attorney Reagan K. Russell fraudulently pretended:

“The Trustees ADMIT request number 5 to the extent that Plaintiff can exclude the public from Lot 15A (dimensions according to the Second Revised Plat of Cayo Costa of 50 feet x 130 feet), but DENIED that Plaintiff can exclude anyone, including the general public, from the disputed property (defined as land between the westerly projected lot lines of Plaintiff’s Lot 15A to the Gulf of Mexico), which is the subject of this litigation.” See Defendants’ said “Response”, p. 2, ¶ 5.

16. Here arbitrarily and capriciously, said governmental Defendants perverted the public title and ownership record and Lee County Grantor/Grantee Index for the unlawful purpose of deliberately depriving and defrauding the Plaintiff unimpeachable record owners of their adjoining riparian “paper” street lands and private street easement along the navigable waters of the “Gulf of Mexico”, PB 3, PG 25 (1912), in the prima facie absence of any governmental title whatsoever.

17. The Defendants knew that the extent of Plaintiffs’ record conveyance of riparian Gulf-front Lot 15A, Parcel # 12-44-20-01-00015.015A, is not what the Defendants fraudulently desire to pervert it into, but what the publicly recorded legal description in reference to said integral 1912 Subdivision Plat, PB 3, PG 25, determined the extent of Plaintiffs’ unimpeachable and unencumbered record grant to be.

18. Here, said Defendants breached the public trust, because the Plaintiff unimpeachable record fee simple owners of the platted adjoining riparian “paper” street and accretions thereto along the “Gulf of Mexico” had fundamental Constitutional rights to exclude the government and “general public”.

CIVIL AND CRIMINAL FRAUD

19. Said Defendants fraudulently pretended and materially misrepresented that

a. The Plaintiffs allegedly did not own their riparian street lands and private street easements “on the Gulf of Mexico”, which was a reckless perversion and misconstruction of Plaintiffs’ conveyance in reference to said 1912 Plat;

b. Plaintiffs’ riparian 2.6 plus Acres Parcel # 12-44-20-01-00015.015A [“A” for “ACCRETED”] “on the Gulf of Mexico” had

i. A depth of only “135 or 130 feet” [rather than the true more than 2,300 feet to the natural “Gulf of Mexico” monument and boundary];

ii. An area of only 6,750 square feet or approx. 0.15 Acres [rather than the true more than 2.6 plus Acres];

iii. Plaintiffs’ adjoining riparian street lands and private street easement were purportedly “owned” by “Lee County” in the prima facie absence of any “Lee County” title to Plaintiffs’ platted record “paper” street and accretions thereto, which abut and/or touch the “Gulf of Mexico”.

20. Here, said Defendants’ fraudulent concealment of the true platted record natural Parcel and Subdivision boundary of the “Gulf of Mexico” defrauded the Plaintiff unimpeachable record owners of, e.g.:

a. More than 94 [ninety four] % of their Constitutionally protected riparian street lands and/or Parcel # 12-44-20-01-00015.015A “on the Gulf of Mexico”;

b. Plaintiffs’ private and unencumbered street and alley easements across said admittedly private undedicated residential Subdivision, PB 3, PG 25 (1912).

SEIZURE & DESTRUCTION OF PROPERTY IN VIOLATION OF 4^TH AMENDMENT

21. Defendants State of Florida and/or its Officials seized Plaintiffs’ real and personal Cayo Costa property in violation of the 4^th, 14^th, and 5^th U.S. Constitutional Amendments and the Florida Constitution. The platted street and alley easements shown on said 1912 record Plat of the facially undedicated private residential Cayo Costa Subdivision, PB 3, P 25 (1912) are exclusively for the private use and benefit of the record owners of the parcels platted and subdivided in 1912 by A. C. Roesch. In the prima facie absence of any reversionary rights, A. C. Roesch’s successors-in-interest-and-record-title can exclude the public and government from said private street and alley easements.

22. Unless the government(s) acquire(s) any and all Subdivision parcels, the platted easements will forever remain private.

23. The Defendants destroyed and conspired to destroy Plaintiffs’ Constitutionally protected property and substantial fencing for the unlawful purpose of threatening them and coercing them to refrain from prosecuting the corrupt Governmental Officials.

DEFENDANT CHARLES “BARRY” STEVENS

24. The Plaintiff declared unimpeachable record owners of said platted riparian subject Parcel # 12-44-20-01-00015.015A “on the Gulf of Mexico” sue Defendant Charles “Barry” Stevens in his private individual and official capacity [Assistant Park Manager; State of Florida].

25. This suit is also based on Defendant Charles “Barry” Stevens’ criminal acts of record, which include, e.g., official policy to defraud, deliberate deprivations, material misrepresentation, trespass, arson, and the destruction of Plaintiffs’ substantial property fencing and Cayo Costa property under false and fraudulent pretenses that Plaintiffs’ private real property and/or riparian street lands “on the Gulf of Mexico” are a purported “park” and/or forged and non-existent “parcel 12-44-20-01-00000.00A0”. Defendant Stevens knew that said fictitious “parcel” was never subdivided or platted by original Owner A. C. Roesch in 1912, PB 3, PG 25; and that the forged and un-platted “park” does not legally exist in the facially private undedicated residential Cayo Costa Subdivision.

PERJURY

26. On 06/06/2008 and 06/25/2008, while under oath, Defendant Charles B. Stevens materially misrepresented the

a. True record legal boundaries [e.g., Western natural boundary of “Gulf of Mexico”];

b. True depth [2,300 plus ft in 2008] of;

c. True record area and/or size [2.6 plus Acres in 2008] of;

d. True fundamental property characteristics of

Plaintiffs’ riparian Gulf-front subject Parcel # 12-44-20-01-00015.015A for the unlawful purpose of, e.g., deliberately depriving and defrauding the Plaintiffs:

“4. The map, attached as ATTACHMENT 7, is an overlay depicting the GPS coordinates of each metal pole, the orange fencing material blocking the main north-south trail, and the post with a no trespassing sign. All were erected by Jorg Busse. In addition, the map locates the nearby sea turtle nesting sign and the red rectangle depicts Mr. Busse’s lot 15A [riparian Gulf-front Parcel # 12-44-20-01-00015.015A, PB 3, PG 25 (1912).”

“6. I declare under penalty of perjury that the foregoing is true and correct.”

See “Affidavit of Charles B. Stevens”, dated 06/25/2009; “Exhibit B”; as attached to “Defendants’ Motion for Temporary Injunction”, dated 08/29/2008, and filed in the Lee County Circuit Court, Case # 06-CA-003185.

“8. The foregoing statements are within my personal knowledge, and if sworn as a witness, I can testify competently thereto.”

See “Affidavit of Charles B. Stevens”, dated 06/06/2009; “Exhibit A”; as attached to “Defendants’ Motion for Temporary Injunction”, dated 08/29/2008, and filed in the Lee County Circuit Court, Case # 06-CA-003185. See State Court Docket on file.

27. Defendant Stevens’ “ATTACHMENT 7” materially misrepresented the unimpeachable record legal boundaries and record area of Plaintiffs’ riparian Parcel # 12-44-20-01-00015.015A, which is bounded by the “Gulf of Mexico”, Plat Book 3, p. 25 (1912).

28. Pursuant to said Affidavit, “Exhibit B”, Defendant Charles B. Stevens is “employed by the Florida Division of Recreation and Parks as Assistant Park Manager at Cayo Costa State Park”, and not any known authorized “real estate professional”, attorney, and/or surveyor. Here, Defendant Stevens has been utterly unqualified and unlicensed to determine legal record boundaries and/or record parcel areas on the ground, and/or “map”, “plat”, or place monuments and/or boundaries on the soil. Here, Defendant Stevens was without competent and reliable personal professional knowledge and facially fabricated boundaries and areas to deliberately deprive and defraud the Plaintiff declared unimpeachable record owners of riparian Parcel # 12-44-20-01-00015.015A “on the Gulf of Mexico” as platted and legally described in reference to said 1912 Plat, PB 3, PG 25. Here, Defendant C. B. Stevens engaged in acts and instances of deliberately making false statements while under oath. Here, Defendant Stevens’ false June 6 and 25, 2008 swearing(s) were a crime.

CONSPIRACY

29. Defendant Charles B. Stevens knew, fraudulently concealed, and conspired with other Officials to conceal that Defendant Kenneth M. Wilkinson

a. Forged unplatted “parcel 12-44-20-01-00000.00A0”;

b. Forged unplatted “parcel 07-44-21-01-00001.0000”;

c. Forged an unplatted and fictitious “park”,

none of which had ever legally existed. Here knowingly, Defendant Stevens materially misrepresented and conspired to misrepresent said forgeries and deceptive publications and statements by, e.g., Defendants Kenneth M. Wilkinson and Reagan K. Russell.

“ATTACHMENT 7” as referenced in Def. Stevens’ Affidavit(s) stated in its top margin:

“Property Appraiser Parcel Lines-Cayo Costa Vicinity C:\GIS\ArcPadTransfer\Cayo Costa June 2008.mxd”

30. Defendant Stevens knew that he had no personal knowledge and conspired with other Officials to perjure himself. Here, it was Defendant “Property Appraiser’s” purported “(personal) knowledge” and not Stevens’. In particular, Stevens knew, fraudulently concealed, and conspired to conceal that any and all Western Subdivision areas, which are bounded by the “Gulf of Mexico” on the West side of the private undedicated residential Cayo Costa Subdivision and extend to the most Eastern riparian Cayo Costa upland parcels as platted in 1912 such as, e.g., the subject Parcel, are privately owned riparian “paper” street lands. Record title to said private “paper” street lands and accretions thereto runs with the riparian upland title.

31. The record owners of the platted Subdivision land parcels adjoining said riparian Gulf-front “paper” street and private street easement along the “Gulf of Mexico” hold perfected unimpeachable record title to said riparian “paper” street and accretions thereto under Florida’s self-enforcing Marketable Record Title Act. In particular, the Plaintiff declared unimpeachable record owners of riparian Gulf-front Parcel # 12-44-20-01-00015.015A hold automatically quieted paramount record title to the entire width of their riparian adjoining “paper” street lands and the private riparian street easement along the shoreline of the “Gulf of Mexico”, PB 3, PG 25 (1912).

32. Here, Defendant Stevens fraudulently concealed that the State of Florida has (only) the very same rights as any other Subdivision land parcel owner. In particular, Defendant Stevens concealed his and the public’s unlawful trespass onto Plaintiffs’ private riparian “paper” street lands, Parcel # 12-44-20-01-00015.015A, and the private “paper” street and alley easements across the prima facie undedicated private Cayo Costa Subdivision, PB 3, PG 25 (1912).

33. Here, the Plaintiff unimpeachable record owners had multiple conversations with Defendant Stevens, and Chad Lach, in which they advised Defendants Stevens and Lach of

a. Facially forged and unplatted “parcel 12-44-20-01-00000.00A0”;

b. Facially forged and unplatted “parcel 07-44-21-01-00001.0000”; and the

c. Facially forged and unplatted purported “park”;

d. Plaintiffs’ unimpeachable record ownership of riparian 2.6 Acres plus Parcel # 12-44-20-01-00015.015A, which is “forever” bounded by and touches the “Gulf of Mexico” as platted and legally described in reference to said 1912 record Subdivision Plat of Survey;

e. Unlawful trespass by “park rangers” and the public onto the private Cayo Costa Subdivision lands and private street and alley easements;

f. Unlawful arson and/or open “camp” fires within the private undedicated residential Cayo Costa Subdivision.

TRESPASS

34. Defendant Charles B. Stevens knew that the alleged “campground” depicted in “ATTACHMENT 7” and “ATTACHMENT 1” is illegally located and/or operated within the private undedicated residential Cayo Costa Subdivision, PB 3, PG 25, by the Governmental Defendants.

35. In “ATTACHMENT 5”, Defendant Stevens fraudulently pretended a “campground”:

“ATTACHMENT 2 – Looking south on road east of lagoon approx. 150 yards south of campground.” See “Motion”.

36. The Southern boundary line of Plaintiffs’ riparian Gulf-front Parcel is at least 810 feet or 270 yard [1 yard = 3 ft] from the Northern Cayo Costa Subdivision boundary [see fractional section line pursuant to U.S. Governmental Survey System; see record Federal Land Patent]. Here, Plaintiffs’ “NO TRESPASSING” signs at the Northern and Southern boundaries of their riparian Gulf-front Parcel # 12-44-20-01-00015.015A as depicted in “ATTACHMENT 2” are at a minimum 270 yards South of the Cayo Costa State Park, which is North of the private undedicated residential Cayo Costa Subdivision, PB 3, PG 25 (1912).

37. Here, Stevens falsely and fraudulently pretended that there was a “campground” “150 yards [450 ft] North of Plaintiffs’ depicted riparian street lands and Northern “NO TRESPASSING” sign. Here, no campground was ever platted or subdivided in the private undedicated residential Cayo Costa Subdivision, PB 3, PG 25 (1912).

ARSON

38. The depicted illegal “campground” is located and operated within the facially private undedicated residential Cayo Costa Subdivision, PB 3, PG 25 (1912).

39. Defendant Stevens is encouraging the public to start open fires and “camp” fires in said private residential Subdivision, which is expressly prohibited.

DEFENDANT CHAD LACH

40. The Plaintiff declared unimpeachable record owners of said platted riparian subject Parcel # 12-44-20-01-00015.015A “on the Gulf of Mexico” sue Defendant Chad Lach in his private individual and official capacity [Park Manager; State of Florida].

41. This suit is also based on Defendant Chad Lach’s criminal acts of record, which include, e.g., official policy to deliberately deprive, fraud, trespass, arson, and the destruction of Plaintiffs’ substantial property fencing and Cayo Costa property under false and fraudulent pretenses that Plaintiffs’ private real property and/or riparian Gulf-front street lands are a purported “park” and/or forged and non-existent “parcel 12-44-20-01-00000.00A0”. Defendant Lach knew that said fictitious “parcel” was never subdivided or platted by original Owner A. C. Roesch in 1912, PB 3, PG 25; and that the forged and un-platted “park” does not legally exist in the facially private undedicated residential Cayo Costa Subdivision.

DELIBERATE DEPRIVATIONS

42. Pursuant to 18 U.S.C. §§ 241, 242, and/or 42 U.S.C. §§ 1983, 1985, 1988, Defendant Chad Lach [Park Manager] deliberately defrauded and deprived the Plaintiff unimpeachable record owners of their fundamental Federal Constitutional right to own and defend their riparian Gulf-front property, which was legally described in reference to said 1912 Plat, PB 3, PG 25. Here, Defendant Lach knew and concealed that Charles B. Stevens [Assistant Park Manager] perverted the platted legal description and Plaintiffs’ unimpeachable record conveyance in reference to said 1912 Plat for the unlawful purpose of involuntarily divesting the Plaintiffs without any due process and the equal protection of the laws. In particular, Lach perverted and conspired to pervert the conclusive public record evidence, the Lee County, FL, Grantor/Grantee Real Property Index.

43. Defendant Lach also has supervisory liability for the crimes, fraud, and deliberate deprivations perpetrated upon the Plaintiffs by Defendant Stevens.

DEFENDANT REAGAN K. RUSSELL

44. The Plaintiff declared unimpeachable record owners of said platted riparian subject Parcel # 12-44-20-01-00015.015A “on the Gulf of Mexico” sue Defendant Reagan Kathleen Russell in her private individual and official capacity [Governmental Attorney; State of Florida].

45. This suit is also based on Defendant Reagan Kathleen Russell’s criminal acts of record, which include, e.g., official policy of fraud, deliberate deprivations trespass, arson, and the destruction of Plaintiffs’ substantial property fencing and Cayo Costa property under false and fraudulent pretenses that Plaintiffs’ private real property is a purported “park” and/or forged and non-existent “parcel 12-44-20-01-00000.00A0”. Defendant Russell knew that said fictitious “parcel” was never subdivided or platted by original Owner A. C. Roesch in 1912, PB 3, PG 25; and that the forged and un-platted “park” does not legally exist in the facially private undedicated residential Cayo Costa Subdivision.

MALICIOUS MATERIAL MISREPRESENTATION

46. In “Defendants’ Motion for Temporary Injunction”, dated 08/29/2008, Lee County Circuit Court (20^th Judicial Circuit), Case # 06-CA-003185, Defendant Russell materially misrepresented and fraudulently concealed Plaintiffs’ paramount unencumbered title to their riparian “paper” street lands and private street easement along the shoreline of “the Gulf of Mexico”:

“Plaintiff has constructed a fence on a portion of the disputed property [riparian subject Parcel # 12-44-20-01-00015.015A “on the Gulf of Mexico”] without obtaining the necessary permits or other authorizations and without holding clear title to the all of the area where the activities are occurring.” Id., p. 2, ¶ 2.

47. Here, Defendant Russell materially misrepresented, fraudulently concealed, and conspired to conceal that Florida’s self-enforcing Marketable Record Title Act had automatically quieted Plaintiffs’ perfected title to their riparian subject Parcel # 12-44-20-01-00015.015A, which admittedly touches and abuts the navigable waters of the “Gulf of Mexico”, Plat Book 3, p. 25 (1912). Since 1912, the automatically quieted exclusive record title in the name of A. C. Roesch, his successors-in-title, and/or the Plaintiffs, who have paid all property taxes, has been free and clear.

FRAUDULENT CONCEALMENT

48. Defendant Russell engaged in the official policy and custom of fraud and fraudulently concealed Plaintiffs’ true legal free and clear record ownership of their riparian street lands, which abut and touch the ordinary high water mark of the “Gulf of Mexico” under Florida’s Marketable Record Title Act:

“The property at issue in this case is an area between the westerly projected lines of Plaintiff(s)’ lot 15A, platted according to the Second Revised Plat of Cayo Costa Subdivision. Title to this property is in dispute.” Id., p. 1, ¶ 1.

49. Here, said 1912 “Second Revised Plat of Cayo Costa Subdivision”, Plat Book 3, p. 25, conclusively evidenced Plaintiffs’ unimpeachable record ownership of the entire width [50 ft] of the platted adjoining riparian Gulf-front “paper” street lands with a record surveyed depth of 2,181 feet. See 2008 Survey(s) of Plaintiffs’ riparian Gulf-front Parcel # 12-44-20-01-00015.015A on record. Defendant Russell knew, fraudulently concealed, and conspired with other Officials to conceal that Plaintiffs’ automatically quieted, unimpeachable, and marketable record title was never “in dispute” and could not have possibly been “in dispute” pursuant to Florida’s self-enforcing Marketable Record Title Act.

DELIBERATE DEPRIVATIONS

50. Pursuant to 18 U.S.C. §§ 241, 242, and/or 42 U.S.C. §§ 1983, 1985, 1988, Defendant Russell deliberately defrauded and deprived the Plaintiff unimpeachable record owners of their fundamental Federal Constitutional right to own and defend their riparian Gulf-front property, which was legally described in reference to said 1912 Plat, PB 3, PG 25. Here, Russell perverted the platted legal description and Plaintiffs’ unimpeachable record conveyance in reference to said 1912 Plat for the unlawful purpose of involuntarily divesting the Plaintiffs without any due process and the equal protection of the laws. In particular, Russell perverted the conclusive public record evidence, the Lee County, FL, Grantor/Grantee Real Property Index in said 08/29/2008 record “State Court “Motion”:

“Lee County, record owner of much of the disputed property between Plaintiff(s)’ Lot 15A and the lagoon, has claimed the property openly and notoriously since 1969 for the use and benefit of the public, accepting the dedication envisioned by recording the plat in 1912 with streets drawn beyond the outer tier of blocks. Lee County has not been served as a party to this lawsuit; however their substantial interests, along with those of the State, are affected by Plaintiff(s)’ fence.” Id., p. 4, ¶ 8.

51. Here, Russell fraudulently concealed, e.g., that

a. Lee County, Florida, was never “record owner” of the riparian Gulf-front subject Parcel # 12-44-20-01-00015.015A;

b. Lee County, Florida, was never “record owner” of Plaintiffs’ riparian Gulf-front street which is the most valuable part (94 plus %) of riparian subject Parcel # 12-44-20-01-00015.015A;

c. Lee County admittedly never accepted any dedication pursuant to said 1912 Cayo Costa Subdivision Plat, PB 3, PG 25;

d. The platted streets and alleys are owned fee simple by the Plaintiffs, A. C. Roesch’s successors-in-title, and/or the record owners of the adjoining platted land parcels within the private undedicated residential Cayo Costa Subdivision, PB 3, PG 25 (1912);

e. “Lee County” never asserted any “claim” of record;

f. No “Lee County” or any other “legislator” ever asserted any record “claim”;

g. Lee County never paid property taxes for Plaintiffs’ riparian Gulf-front subject Parcel;

h. Lee County never had any interest or estate in the platted adjoining riparian “paper” street along the shoreline of the “Gulf of Mexico”, PB 3, PG 25 (1912);

i. Lee County never engaged and could not have possibly engaged in any “adverse possession”;

j. “Open” and “notorious” or “adverse” “possession” was factually and legally absolutely impossible, because Lee County never paid any property taxes for the subject Parcel, title to which is held in the exclusive name of the Plaintiff unimpeachable record owners. See PRESCOTT, No. 08-14846, 2009 U.S. App. LEXIS 8678, 2009 WL 1059631; see West Peninsular Title Co. v. Palm Beach County, 41 F.3d 1490, 1492 n.4 (11th Cir.), cert. denied, 516 U.S. 932, 116 S. Ct. 338, 133 L. Ed. 2d 237 (1995).

DEFENDANT ROGER ALEJO

52. The Plaintiff declared unimpeachable record owners of said platted riparian subject Parcel # 12-44-20-01-00015.015A “on the Gulf of Mexico” sue Defendant Roger Alejo in his private individual and official capacity [Agricultural Specialist; Appraiser; Lee County Property Appraiser’s Office].

53. This suit is also based on Defendant Roger Alejo’s criminal acts of record such as, e.g., perjury, deliberate deprivations, and fraud.

FRAUDULENT CONCEALMENT

54. Defendant Roger Alejo fraudulently concealed that

“The plat for Cayo Costa Subdivision [Lee County Plat Book 3, p. 25 (1912)] indicates a 60-foot wide roadway easement.”

“The plat to Cayo Costa Subdivision is recorded at Plat Book 3, Page 25. The recorded plat designates roadways throughout the subdivision; however, there is no dedication of the roads to the public indicated on the plat.”

See 12/29/2000 “Memorandum from the Office of [Lee] County Attorney, Joan C. Henry”.

55. In the prima facie absence of any “dedication to the public”, Lee County had no easement or non-possessory property rights. By implication, Lee County could not have possibly owned any land and/or any fraudulently “claimed” land. Any owner and/or titleholder would have also owned easement and street use rights by implied covenant.

56. Maliciously, Defendant Roger Alejo misconstrued the 1912 record Plat of Survey of the undedicated private residential Cayo Costa Subdivision. Said Defendant knew and concealed that pursuant to said 1912 record Plat, all lands between the natural boundaries of the “Gulf of Mexico” on the West side and “Charlotte Harbor” on the East side of said Lee County residential private undedicated Subdivision have been the “property of A.C. Roesch” and/or his successors-in-title, who paid any and all property taxes since 1912. Because Lee County had never paid any property taxes, and/or asserted any claim, adverse possession was factually and legally impossible, No eminent domain judicial proceedings ever took place.

57. Here, Defendant Alejo knew and concealed that the Plaintiff unimpeachable record owners hold exclusive unencumbered and automatically quieted record title to the Lee County riparian subject Parcel # 12-44-20-01-00015.015A, which touches the “Gulf of Mexico”, Plat Book 3, page 25 (1912).

58. Defendant Roger Alejo fraudulently concealed

a. Plaintiffs’ true and unimpeachable riparian record ownership of;

b. Plaintiffs’ true marketable and automatically quieted record title to;

c. The true record legal boundaries of the “Gulf of Mexico” on the West side of;

d. The true record Parcel area of more than 2.6 Acres of; and

e. The true record Parcel depth of more than 2,300 ft of

Plaintiffs’ riparian 2.6 plus Acres Parcel # 12-44-20-01-00015.015A “on the Gulf of Mexico”.

59. Defendant Roger Alejo fraudulently concealed, e.g., the

a. Fraud of facially forged and un-platted “Lee County” “parcel 12-44-20-01-00000.00A0”;

b. Fraud of facially forged and un-platted “Lee County” “parcel 07-44-21-01-00001.0000”;

c. Fraud of forged “Lee County” “claim” “O.R. 569/875”, which never legally existed;

d. Facial fraud of a forged and un-platted “park”, which never legally existed, PB 3, PG 25.

e. Fraud of falsely pretended involuntary alienation by facial scam “O.R. 569/875”.

60. Defendant Roger Alejo knew and fraudulently concealed that

a. No property interest and/or estate in Plaintiffs’ said 2.6 plus Acres riparian Parcel “on the Gulf of Mexico” ever transferred to Lee County;

b. Lee County never held any record title to Plaintiffs’ riparian 2.6 plus Acres Parcel # 12-44-20-01-00015.015A, which admittedly adjoins and/or touches “the Gulf of Mexico”.

c. Lee County never owned Plaintiffs’ riparian 2.6 plus Acres Gulf-front Parcel # 12-44-20-01-00015.015A.

d. The Plaintiffs hold exclusive unimpeachable marketable record title to riparian Parcel # 12-44-20-01-00015.015A, which admittedly abuts “the Gulf of Mexico”;

e. Florida’s Marketable Record Title Act [M.R.T.A.] had automatically quieted and perfected Plaintiffs’ free and clear record title, which was derived from the Federal Land Patent recorded in the Lee County, Florida, public records and Grantor/Grantee Index.

f. Lee County, Florida, never asserted any “claim” to Plaintiffs’ riparian 2.6 plus Acres Parcel # 12-44-20-01-00015.015A, which abuts “the Gulf of Mexico”.

g. Even if [merely arguendo and/or hypothetically] Lee County would have asserted a colorable “claim” [which Lee County never did], Florida’s Marketable Record Title Act would have automatically extinguished and/or barred such a fictitious “claim”;

h. The Lee County Property Appraiser’s Office fraudulently pretended “Lee County” “ownership” of Plaintiffs’ riparian street land and private street easement, which abuts the “Gulf of Mexico” [Parcel # 12-44-20-01-00015.015A] as subdivided and platted by the original Cayo Costa Subdivision Owner and Developer Alexander C. Roesch, PB 3, PG 25 (1912);

i. Defendants Roger Alejo and Kenneth M. Wilkinson fraudulently pretended “Lee County” “ownership” of Plaintiffs’ riparian 2.6 plus Acres Parcel # 12-44-20-01-00015.015A, which abuts the “Gulf of Mexico” as admitted by Roger Alejo under oath on 11/17/2009, PM.

MATERIAL AND MALICIOUS MISREPRESENTATION

61. Defendant Roger Alejo materially and maliciously misrepresented

a. Plaintiffs’ true, unimpeachable, and free and clear record ownership of;

b. Plaintiffs’ true marketable, automatically quieted, and perfected record title to;

c. The true platted “Gulf of Mexico” record legal subject Parcel boundaries of;

d. The true record subject Parcel depth of more than 2,300 ft of; and

e. The true record subject Parcel area of more than 2.6 Acres of

Plaintiffs’ riparian Parcel # 12-44-20-01-00015.015A “on the Gulf of Mexico”.

VIOLATION OF HOUSE BILL 521

WILLFUL USE OF FRAUDULENT & DECEPTIVE APPRAISAL METHODOLOGY

62. With wanton disregard for the truth and conclusive public record evidence, Defendant Alejo violated House Bill 521 (H.B. 521). Here, Alejo knew that in the 2009 legislative session, an important change to Florida Statutes was passed and then approved by Governor Crist on June 4, 2009. See 194.301, F.S., as amended by Ch. 2009-121, Laws of Florida (H.B. 521). Even though in this case Defendant Alejo had the burden of proof, Alejo perverted the truth and perjured himself. Here, Alejo knew, concealed, and conspired to conceal that the forged depth of “135 feet” could not have possibly been the true record subject Parcel depth of more than 2,300 feet. In particular, Alejo knew that more than 2,300 feet separated the Eastern subject Parcel boundary from the admitted Western “Gulf of Mexico” natural legal boundary on the record. See Defendant Alejo’s Geographical Information System (G.I.S.) data on record.

63. Pursuant to § 194.301, the Plaintiff exclusive property taxpayers and unimpeachable record title holders have been entitled to a determination by the Courts of the appropriateness of the appraisal methodology used in making the assessment and/or agricultural use classification of Plaintiffs’ 2.6 plus Acres riparian Gulf-front Parcel. The value and use classification of Plaintiff Petitioners’ Constitutionally protected property [Lee County riparian Parcel # 12-44-20-01-00015.015A “on the Gulf of Mexico”] had to be determined by an appraisal methodology that complies with the criteria of § 193.011 and professionally accepted appraisal practices. Defendant Alejo’s perjury and forged “fixed boundary” and his fabrication of an unplatted and fictitious “135 ft x 50 ft” “lot” violated Ch. 193, and § 193.011. Here, Defendant Alejo perjured himself and recklessly perverted of, e.g.:

a. The true riparian Gulf-front subject Parcel area and/or size of more than 2.6 Acres;

b. The true riparian Gulf-front subject Parcel depth of more than 2,300 feet to the “Gulf of Mexico”;

c. Plaintiffs’ true unimpeachable record ownership of said 2.6 plus Acres riparian subject Parcel, which admittedly abuts and/or touches the “Gulf of Mexico”.

Here, Defendant Roger Alejo knowingly used and conspired to use fraudulent appraisal methodology for the unlawful purpose of defrauding and deliberately depriving the Plaintiff unimpeachable record title holders of said automatically quieted, unencumbered and paramount title to said 2.6 plus Acres riparian subject Parcel.

PERJURY

64. Defendant Roger Alejo deliberately and knowingly misrepresented

a. Plaintiffs’ true perfected and unencumbered riparian record ownership of;

b. Plaintiffs’ true marketable and automatically quieted record title to;

c. True western record legal Parcel boundary of the “Gulf of Mexico” of;

d. True record Parcel depth of more than 2,300 ft of; and

e. True record Parcel area and/or size of more than 2.6 Acres of

Plaintiffs’ riparian Parcel # 12-44-20-01-00015.015A “on the Gulf of Mexico” on November 17, 2009, PM. See Transcript and Recordings of 11/17/2009, PM, Lee County Value Adjustment Board Hearing of public record. See also world wide web documentation of Lee County public corruption, criminal fraud, and conspiracy.

FORGERY

65. Defendant Roger Alejo forged, e.g., the

a. Title information to;

b. Ownership data pertaining to;

c. Boundary data of;

d. Depth of; and

e. Area, size, and/or Acres of;

Plaintiffs’ riparian Parcel # 12-44-20-01-00015.015A, which admittedly is bounded by and touches the “Gulf of Mexico”, PB 3, PG 25 (1912).

Here, Defendant Alejo falsely made and/or materially altered, with intent to deliberately deprive and defraud the Plaintiff declared unimpeachable record owners, property records and data. Pursuant to Alejo’s testimony under oath, Alejo knew that he forged the record natural boundary of the riparian Gulf-front subject Parcel # 12-44-20-01-00015.015A [“A” for “ACCRETED”] as legally described in reference to said 1912 Plat of Survey, PB 3, PG 25 (1912). See Worldwide Web You Tube, Google, and AOL videos of Defendant Alejo’s 11/17/2009 perjury.

FALSE PRETENSES

66. Defendant R. Alejo’s fraudulent alteration of supporting documents gave rise to the issuance of fake property records and data, which amounted to the crime of false pretenses.

BREACH OF PUBLIC TRUST

67. Defendant Roger Alejo breached the public trust and wrongfully concealed

a. Plaintiffs’ true, unimpeachable, and perfected record ownership of;

b. Plaintiffs’ true marketable and automatically quieted record title to;

c. The true record “Gulf of Mexico” natural legal boundary of;

d. The true record subject Parcel depth of more than 2,300 ft of; and

e. The true record area of more than 2.6 Acres of

Plaintiffs’ riparian Parcel # 12-44-20-01-00015.015A [“A” for “ACCRETED”] “on the Gulf of Mexico” for the unlawful purpose of defrauding and deliberately depriving the Plaintiffs and unimpeachable record owners of platted real property in the private undedicated residential Cayo Costa Subdivision, Lee County Plat Book 3, page 25 (1912).

CIVIL AND [CRIMINAL] FRAUD

68. Defendant Roger Alejo fraudulently pretended that

a. The Plaintiffs allegedly did not own their riparian street lands and private street easements “on the Gulf of Mexico”, which was a reckless perversion and misconstruction of Plaintiffs’ grant in reference to said 1912 record Plat;

b. The Plaintiffs purportedly did not apply for agricultural classification of their riparian Gulf-front lands and private accreted riparian Gulf-front street easement;

c. Plaintiffs’ riparian 2.6 plus Acres Parcel # 12-44-20-01-00015.015A [“A” for “ACCRETED”] “on the Gulf of Mexico” had

i. A depth of only “135 feet” [rather than the true more than 2,300 feet to the natural “Gulf of Mexico” monument and boundary];

ii. An area of only 6,750 square feet or approx. 0.15 Acres [rather than the true more than 2.6 plus Acres];

iii. Plaintiffs’ adjoining riparian street lands and private street easement were purportedly “owned” by “Lee County” in the prima facie absence of any “Lee County” title to Plaintiffs’ platted record “paper” street and accretions thereto, which abut and/or touch the “Gulf of Mexico”.

69. Here, Defendant Roger Alejo’s fraudulent concealment of the true platted record natural Parcel and Subdivision boundary of the “Gulf of Mexico” defrauded the Plaintiff unimpeachable record owners of, e.g.:

a. More than 94 [ninety four] % of their Constitutionally protected riparian lands and Parcel # 12-44-20-01-00015.015A “on the Gulf of Mexico”;

b. Plaintiffs’ private and unencumbered street and alley easements across said admittedly private undedicated residential Subdivision.

DEFAMATION AND LIBEL

70. When the Plaintiffs blew the whistle on said egregious fraud and public corruption, Defendants Roger Alejo and Kenneth M. Wilkinson defamed and conspired with other State and County Officials to defame the Plaintiffs as “vexatious” and “litigious”. Rather than answer to Plaintiffs’ conclusively proven allegations, the Defendants fraudulently pretended that Plaintiffs’ claims for relief were “frivolous” and that Plaintiffs’ owned a forged “0.15 Acres” “fixed boundary” lot rather than the record 2.6 plus Acres Parcel of public record, which forever is bounded by the ever-changing “Gulf of Mexico”.

DELIBERATE DEPRIVATIONS

71. Defendant Roger Alejo knew and concealed that the Plaintiffs have a Constitutionally guaranteed right to own the entire width of their riparian street land and private implied street easement along the “Gulf of Mexico” [2.6 plus Acres riparian Parcel # 12-44-20-01-00015.015A] as platted and subdivided, Lee County PB 3, PG 25 (1912).

72. Plaintiffs bought their riparian Gulf-front Parcel # 12-44-20-01-00015.015A in reference to said 1912 Plat of Survey of the undedicated private residential Cayo Costa Subdivision, Lee County Plat Book 3, p. 25 (1912).

73. Defendant Roger Alejo deliberately deprived the Plaintiffs of their fundamental Constitutional right to own and exclude the Government and public from their

a. Private 2.6 plus Acres riparian Gulf-front Parcel # 12-44-20-01-00015.015A;

b. The platted private implied street and alley easements all over said undedicated private Subdivision, PB 3, PG 25.

CONSPIRACY

74. Defendant Roger Alejo agreed and/or conspired with Defendant Kenneth M. Wilkinson and other Lee County Officials to fraudulently pretend, e.g., that

a. The Plaintiffs only own the paltry fraction of “135’ x 50’” of their riparian Gulf-front Parcel # 12-44-20-01-00015.015A with a surveyed area (2008) of approximately more than 2.6 Acres in size. See Exhibit: 2008 Survey of Plaintiffs’ 2.6 plus Acres riparian Gulf-front Parcel. See also Geographical Information System data for and Aerial Photography of Plaintiffs’ 2.6 plus Acres riparian subject parcel at Defendants’ website: www.LeePA.org.

b. The Plaintiff unimpeachable riparian record owners purportedly only own the paltry and unplatted area of 6,750 square feet [135’ x 50’] of their 2.6 plus Acres riparian subject Parcel # 12-44-20-01-00015.015A rather than the true record area of approximately more than 2.6 Acres as surveyed [2,300 plus feet x 50 feet];

c. Lee County owns Plaintiffs’ riparian street lands and private street easement “on the Gulf of Mexico” in the prima facie absence of any Lee County title, adverse possession, eminent domain, and/or involuntary alienation proceedings.

TRESPASS

75. Defendant Alejo encouraged the public to trespass onto, e.g.

a. Private implied Cayo Costa Subdivision street and alley easements, PB 3, PG 25 (1912);

b. Private Cayo Costa Subdivision lands, PG 3, PG 25;

c. Plaintiffs’ 2.6 plus Acres riparian Parcel 12-44-20-01-00015.015A “on the Gulf of Mexico”;

d. Plaintiffs’ adjoining riparian street lands and private street easement along the “Gulf of Mexico” with a depth of more than 2,170ft [more than 2,300ft-130ft]

76. Defendant Alejo encouraged the public to start open fires, camp, and erect tents on Plaintiffs’ private implied street and/or alley easements within the Cayo Costa Subdivision, PB 3, PG 25 (1912), which endangered the Plaintiffs’ lives and destroyed their property.

WIRE AND/OR INTERNET FRAUD

77. Defendant Alejo used the wires and/or Internet to materially misrepresent the true record ownership of, e.g., Plaintiffs’

a. Private implied Cayo Costa Subdivision street and alley easements, PB 3, PG 25;

b. Plaintiffs’ adjoining riparian street lands and private street easement along the “Gulf of Mexico” with a depth of more than 2,170ft [more than 2,300ft-130ft].

OBSTRUCTION OF JUSTICE

78. Defendant Alejo perverted the truth and public record evidence of Plaintiffs’ unimpeachable record ownership of and automatically quieted title to Plaintiffs’

a. Private platted implied Cayo Costa Subdivision street and alley easements, PB 3, PG 25;

b. Plaintiffs’ adjoining riparian street lands and private street easement along the “Gulf of Mexico” with a depth of more than 2,170ft [more than 2,300ft-130ft].

79. Roger Alejo knew, fraudulently concealed, and conspired to conceal that the Plaintiffs have fundamental Constitutional rights to own and exclude Governments and the public from their

a. Private platted implied Cayo Costa Subdivision street and alley easements, PB 3, PG 25;

b. Plaintiffs’ adjoining riparian street lands and private street easement along the “Gulf of Mexico” with a depth of more than 2,170ft [more than 2,300ft-130ft].

80. Here, Defendant Alejo knew and fraudulently concealed that Lee County, Florida, never held title to Plaintiffs’ said Constitutionally protected property.

DEFENDANT JACK N. PETERSON

81. The Plaintiff declared unimpeachable owners of public record of said riparian subject Gulf-front Parcel sue Defendant Jack N. Peterson in his private individual and official capacity [Assistant Lee County Attorney].

82. This suit is also based on Defendant Jack N. Peterson’s criminal acts of public record.

CRIMINAL COERCION

83. Defendants Jack N. Peterson and/or Kenneth M. Wilkinson demanded Plaintiff(s)’ payment of $5,000.00 and criminally coerced the Plaintiff unimpeachable record owners to refrain from prosecution and litigation. In a letter, dated 10/14/2009, Jack N. Peterson criminally coerced and unlawfully demanded:

“We now demand of you the sum of $5,048.60.”

84. Here, the U.S. Court of Appeals had denied Defendant corrupt Lee County Property Appraiser’s motion for sanctions. See PRESCOTT, No. 08-14846, 2009 U.S. App. LEXIS 8678, 2009 WL 1059631; see also West Peninsular Title Co. v. Palm Beach County, 41 F.3d 1490, 1492 n.4 (11th Cir.), cert. denied, 516 U.S. 932, 116 S. Ct. 338, 133 L. Ed. 2d 237 (1995). See Exhibit: Jack N. Peterson’s Letter of Criminal Coercion.

85. In particular, on 04/21/2009, said 11^th Federal Appellate Circuit had dispositively declared the Plaintiffs the unimpeachable record owners of their riparian Gulf-front subject Parcel # 12-44-20-01-00015.015A, marketable unencumbered title to which had been automatically quieted by Florida’s self-enforcing Marketable Record Title Act:

“The [Plaintiffs-]Appellants’ Lot 15A [riparian Gulf-front Parcel 12-44-20-01-00015.015A, Lee County Plat Book 3, p. 25 (1912)] is on the west side of the Cayo Costa Subdivision on the Gulf of Mexico and is adjacent to land that was claimed through resolution 569/875 to create the Cayo Costa State Park.”

Here, Defendant Peterson fraudulently concealed that the “Cayo Costa State Park” is “adjacent to” and entirely North of the private undedicated residential Cayo Costa Subdivision, PB 3, PG 25 (1912). No “park” exists in the facially undedicated private Cayo Costa Subdivision pursuant to said 1912 Subdivision Plat of Survey.

FRAUDULENT CONCEALMENT

86. Defendant Jack N. Peterson fraudulently concealed

a. That, as a named party Defendant, Peterson had an interest in the outcome of Plaintiffs’ Cases;

b. That Defendant Peterson’s appearance as governmental attorney during the 11/17/2009 VAB Hearing was prohibited;

and

c. That Peterson agreed and/or conspired with other County and State Officials to materially misrepresent the record area, size, Acres, legal boundary, depth, and Gulf-front features of;

d. Plaintiffs’ true and unimpeachable riparian record ownership of;

e. Plaintiffs’ true marketable and automatically quieted record title to;

f. The true record legal boundary and monument of the “Gulf of Mexico” on the West side of;

g. Plaintiffs’ record vested riparian rights appurtenant to;

h. The true record subject Parcel depth of more than 2,300 ft of; and

i. The true record Parcel area and/or size of more than 2.6 Acres of

Plaintiffs’ riparian Parcel # 12-44-20-01-00015.015A “on the Gulf of Mexico”.

87. Defendant Jack N. Peterson fraudulently concealed that

“The plat for Cayo Costa Subdivision [Lee County Plat Book 3, p. 25 (1912)] indicates a 60-foot wide roadway easement.”

“The plat to Cayo Costa Subdivision is recorded at Plat Book 3, Page 25. The recorded plat designates roadways throughout the subdivision; however, there is no dedication of the roads to the public indicated on the plat.”

See 12/29/2000 “Memorandum from the Office of [Lee] County Attorney, Joan C. Henry”.

88. In the prima facie absence of any “dedication to the public”, Lee County had no easement or non-possessory property rights. By implication, Lee County could not have possibly owned any land and/or any fraudulently “claimed” land. Any owner and/or titleholder would have also owned easement and street use rights by implied covenant.

DECEPTION, TRICKERY, AND FRAUD ON THE COURT

89. As an Officer of the various Courts, Defendant corrupt Lee County Assistant Attorney Peterson falsely and fraudulently pretended, e.g., to the U.S. Court of Appeals:

“Nature of the Suit

Appellant Busse claims to own and public records confirm his ownership of a 50’ x 130’ lot bordering a platted 60’ street on a barrier island in Lee County named Cayo Costa. Busse claims riparian rights. The State, the County and the Property Appraiser deny his claim of riparian rights.”

Here, Peterson perpetrated extrinsic fraud and fraud on the Court(s). Peterson conceded that Plaintiff(s) “claim riparian rights”, which were conclusively proven by the newly discovered evidence and indisputable and unrebutted 1912 Plat evidence on record. Here, Peterson asserted that “[t]he State, the County and the Property Appraiser” treated the Plaintiff unimpeachable record owners disparately and wrongfully “denied” Plaintiffs’ vested riparian rights and unimpeachable private street lands and easement(s) ownership.

90. Defendant Peterson deceived the Court(s), e.g., about Plaintiffs’ true unimpeachable and unencumbered

a. Record ownership of; and

b. Record marketable and paramount title to

riparian Gulf-front Parcel # 12-44-20-01-00015.015A, which abuts and/or touches the “Gulf of Mexico”, PB 3, PG 25 (1912).

DEFENDANT KENNETH M. WILKINSON

91. The Plaintiff declared unimpeachable owners of public record of said riparian subject Gulf-front Parcel sue Defendant Kenneth M. Wilkinson in his private individual and official capacity [Lee County Property Appraiser].

92. This suit is also based on Defendant Wilkinson’s criminal acts of record such as, e.g., criminal coercion, fraud, deliberate deprivations under 18 U.S.C. §§ 241, 242, and conspiracy to deliberately deprive and defraud.

CRIMINAL COERCION

93. Defendants Jack N. Peterson and/or Kenneth M. Wilkinson demanded Plaintiff(s)’ payment of $5,000.00 and criminally coerced the Plaintiff unimpeachable record owners to refrain from prosecution and litigation.

FRAUDULENT CONCEALMENT

94. Defendant Kenneth M. Wilkinson fraudulently concealed that

a. Wilkinson maliciously misconstrued and perverted the 1912 Subdivision Plat and platted natural boundaries and monuments of said Cayo Costa Subdivision;

b. Wilkinson perverted the truth, Lee County Grantor/Grantee Real Property Index, platted triple meander lines, and natural monuments and boundaries on said 1912 Plat, PB 3, PG 25, to defraud the Plaintiff record owners;

c. Wilkinson forged Cayo Costa Subdivision and parcel boundary lines to defraud and deliberately deprive the Plaintiff unimpeachable record owners;

d. Wilkinson forged unplatted “Lee County” “parcel 12-44-20-01-00000.00A0”;

e. Wilkinson forged unplatted “Lee County” “parcel 07-44-21-01-00001.0000”;

f. Wilkinson forged “Lee County” ownership of Plaintiffs’ adjoining riparian Gulf-front street lands;

g. Wilkinson fabricated “Lee County” ownership of the entire width of Plaintiffs’ adjoining “paper” riparian street lands and private implied street easement along the shoreline of the “Gulf of Mexico”;

h. The East-to-West Cayo Costa Subdivision “paper” streets run all the way from the natural Western Subdivision boundary of the “Gulf of Mexico to the Eastern natural Subdivision boundary and monument of “Charlotte Harbor”.

MATERIAL AND MALICIOUS MISREPRESENTATION

95. Defendant Kenneth M. Wilkinson materially and maliciously misrepresented

a. Plaintiffs’ true and unimpeachable record riparian ownership of;

b. Plaintiffs’ true marketable and automatically quieted record title to;

c. True platted “Gulf of Mexico” record natural legal Parcel boundary of;

d. True record subject Parcel depth of more than 2,300 ft of; and

e. True record Parcel area and/or size of more than 2.6 Acres of

Plaintiffs’ riparian Parcel # 12-44-20-01-00015.015A “on the Gulf of Mexico”. Here, Defendant Wilkinson knew and concealed that said “Lee County” facial forgeries such as, e.g., “O.R. 569/875” could not have possibly created and/or transferred any property interest or estate to Lee County, Florida.

PERJURY

96. Under oath, Defendant Kenneth M. Wilkinson had answered on 10/22/2007 that there are no record easements in the public in the prima facie undedicated private residential Cayo Costa Subdivision. See Defendant Wilkinson’s Answer # 24, p. 4:

“There are no easements in the public on the Property Appraiser’s maps, nor does he have records indicating easements.”

97. In the admitted prima facie absence of any public Cayo Costa Subdivision easements, Lee County could not have possibly owned Plaintiffs’ adjoining riparian “paper” street lands and private street easement along the natural boundary of the “Gulf of Mexico”. Here, the Lee County Property Appraiser perjured himself and perverted the record extent of Plaintiffs’ unimpeachable record title to and conveyance of Plaintiffs’ prima facie riparian Parcel # 12-44-20-01-00015.015A “on the Gulf of Mexico” as legally described in reference to said 1912 Plat, PB 3, PG 25. Here after Wilkinson’s said 10/22/2007 Answer, corrupt Lee County Official Wilkinson moved for Fed.R.Civ.P. 11 sanctions on 11/07/2007, i.e., before the Plaintiff unimpeachable and declared record owner(s) had even filed their Third Amended Complaint. See Doc. ## 282, 288. Here, Wilkinson fabricated “frivolity” of Plaintiffs’ not yet filed allegations and the conclusive public record evidence of the illegal and fraudulent “Lee County” “claim” of purported ownership of said forged and non-existent parcels

a. “12-44-20-01-00000.00AO; and

b. “07-44-21-01-00001.0000”,

which were never subdivided and platted and did not appear on the referenced Cayo Costa Subdivision Plat of Survey, PB 3, PG 25.

DEFAMATION AND LIBEL

98. On 11/07/2007, Plaintiff(s) conclusively evidenced Defendant Kenneth M. Wilkinson’s fraud schemes and forgeries during a hearing in the U.S. District Court, Middle District of Florida, Case # 2:07-CV-228-FtM-JES(RECUSED)-SPC(RECUSED) before Magistrate Sheri Polster Chappell. In particular, Plaintiff(s) evidenced Defendant Wilkinson’s forgeries of unplatted and non-existent “parcels” “12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000”, which were never subdivided pursuant to the 1912 record Cayo Costa Subdivision Plat, PB 3, PG 25:

Plaintiff Dr. Busse:

“The representation by all defendants of a fictitious lot A [facially forged “parcel 12-44-20-01-00000.00A0”] and a block 1 [facially forged “parcel 07-44-21-01-00001.0000”] is frivolous. There is entirely no factual support whatsoever for a lot A or a block 1.”

See Transcript of 11/07/07 Proceedings on file, page 15, lines 9-12.

Plaintiff Dr. Busse:

“You [Magistrate Polster Chappell] have the legal authority to interrogate counsel and ask one question pertaining to the ultimate issue: Is there a lot A [facially forged “parcel 12-44-20-01-00000.00A0”] and a block 1 [facially forged “parcel 07-44-21-01-00001.0000”]? Yes or No? With an answer by Defendants to that question, this case will be over.”

See Transcript of 11/07/07 Proceedings on file, page 15, lines 13-17.

FORGERY

99. After Defendant Wilkinson had forged “parcels # 12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000”, Wilkinson fabricated zoning classifications for said forged and non-existent “land” “parcels” for the illegal purpose of deliberately depriving and defrauding the Plaintiff unimpeachable record owners of their riparian Gulf-front Parcel 12-44-20-01-00015.015A. In order to “cover up” and conceal his criminal acts, Defendant Wilkinson fraudulently pretended that the pro se Plaintiff record owners’ claims for relief were “frivolous”, which fatally conflicted with the record evidence of Wilkinson’s fraud schemes and forgeries.

DEFFENDANTS LEE COUNTY, FLORIDA, & LEE COUNTY COMMISSIONERS

CRIMINAL AND CIVIL FRAUD

100. In the absence of any Lee County title, Defendants Lee County and its governing body fraudulently pretended ownership of

a. Private platted implied Cayo Costa Subdivision street and alley easements, PB 3, PG 25;

b. Plaintiffs’ adjoining riparian street lands and private street easement along the “Gulf of Mexico” with a depth of more than 2,170ft [more than 2,300ft-130ft].

101. Here, Defendants Lee County and County Commissioners concocted “Lee County” ownership, which was conclusively controverted by, e.g., the

a. Lee County Grantor/Grantee Index;

b. 1912 Plat of Survey of the private undedicated Cayo Costa Subdivision, PB 3, PG 25;

c. 12/29/2000 Memorandum by the Lee County Attorney’s Office;

d. Judgment in John Lay and Janet Lay v. State of Florida.

Here, said Defendants knew and concealed that nothing had ever created and/or transferred any property interest and/or estate in Plaintiffs’ private Cayo Costa street and alley easements and Plaintiffs’ adjoining private riparian street easement and street lands along the ordinary high water mark of the “Gulf of Mexico” to Lee County, Florida.

102. Defendants Lee County and its Commissioners knew and concealed that the forged “Lee County” ownership “claim” was, e.g.:

a. Fabricated;

b. Facially fraudulent;

c. Facially frivolous;

d. Facially factually and legally impossible;

e. Controverted by the Lee County Grantor/Grantee Index;

f. Controverted by the 1912 Cayo Costa Subdivision Plat, PB 3, PG 25;

g. Never any genuine issue of material fact;

h. Never asserted by Lee County;

i. Never asserted by any “legislator”;

j. A facial fraud and extortion scheme.

VIOLATIONS OF 4^TH, 14^TH, AND 5^TH U.S. CONSTITUTIONAL AMENDMENTS

103. Here, said Defendants fraudulently concealed that no legislator could have possibly involuntarily divested the Plaintiff unimpeachable record owners of riparian Gulf-font Parcel 12-44-20-01-00015.015A in the prima facie absence of, e.g., any

a. Title in the name of Lee County;

b. Eminent domain due process and/or proceedings;

c. Adverse possession proceedings and/or due process;

d. Involuntary alienation whatsoever;

e. Court judgment and/or lawful title transfer.

Here, Defendants Lee County had no authority and/or purpose whatsoever to illegally confiscate and/or seize Plaintiffs’ Constitutionally protected property in violation of the 4^th, 14^th, and 5^th Federal Constitutional Amendments.

DEFENDANT CHARLIE GREEN

104. The Plaintiff declared unimpeachable record owners of said platted riparian subject Parcel # 12-44-20-01-00015.015A “on the Gulf of Mexico” sue Defendant Charlie Green in his private individual and official capacity [Clerk of Lee County Courts].

105. This legal action is also based on Defendant Charlie Green’s criminal acts of record, which include, e.g., official policy to deliberately deprive, fraud, trespass, and conspiracy under false and fraudulent pretenses that Plaintiffs’ private real property and/or riparian Gulf-front street lands are a purported “park” and/or forged and non-existent “parcel 12-44-20-01-00000.00A0”. Defendant Green knew that said fictitious “parcel” was never subdivided or platted by original Owner A. C. Roesch in 1912, PB 3, PG 25; and that the forged and un-platted “park” does not legally exist in the facially private undedicated residential Cayo Costa Subdivision.

FRAUDULENT CONCEALMENT

106. Defendant Charlie Green fraudulently concealed that prima facie “Lee County” sham “claim” and scam “O.R. 569/875”

a. Was not any instrument, muniment of title, or writing;

b. Did not create or transfer any interest and/or estate to Lee County, Florida;

c. Never legally existed;

d. Was never legally recorded;

e. Did not involuntarily divest the Plaintiff declared unimpeachable record fee simple owners of said private street and alley easements of their Constitutionally protected property, PB 3, PG 25 (1912);

f. Did not involuntarily divest the Plaintiff declared unimpeachable record fee simple owners of said private adjoining riparian street lands and street easement along the ordinary high water mark of the “Gulf of Mexico”, PB 3, PG 25 (1912);

g. Was null and void and without any legal effect;

h. Was never signed, executed, and/or sealed by the governing body of Lee County, FL;

i. Was a facial fraud and extortion scheme;

j. Was a forged “land” “claim”;

k. Could not have possibly involuntarily alienated Plaintiffs’ private riparian “paper” street lands and private street easement on the “Gulf of Mexico”;

l. Could not have possibly involuntarily alienated Plaintiffs’ admittedly private riparian street and alley easements across the facially undedicated private residential Cayo Costa Subdivision as legally described by reference to said 1912 Subdivision Plat of Survey, PB 3, PG 25.

FORGERY

107. Defendant Charlie Green falsely made and/or materially altered, with intent to defraud, forged “claim” “O.R. 569/875”. The public record evidenced different “versions” of purported unsigned and unexecuted “claim” “O.R. 569/875” with, e.g., differing fonts and font sizes. Defendant Green fraudulently and falsely pretended genuineness of execution of said facial scam “O.R. 569/875” even though Defendant Green knew that

a. Lee County had never signed and executed said facial sham “claim” and scam;

b. Lee County had never sealed said sham paper and forgery;

c. Former Clerk Farabee’s seal had been “lifted” and “transplanted”.

108. Green fraudulently concealed “Lee County” facial forgeries of

a. Non-existent and unplatted “parcel 07-44-21-01-00001.0000”;

b. Non-existent and unplatted “parcel 12-44-20-01-00000.00A0”;

c. An un-platted and non-existent “park”, which was never subdivided and/or dedicated to the public, PB 3, PG 25 (1912).

Here, Defendant Green knew that no platted legal descriptions in reference to Plat Book 3, p. 25 (1912) of forged and un-platted fake “parcels” 07-44-21-01-00001.0000” and “12-44-20-01-00000.00A0” appeared in said scam “O.R. 569/875”.

FALSE PRETENSES

109. Defendant Green’s alterations of said unsigned and unexecuted sham “claim” gave rise to the issuance of fake record “O.R. 569/875” and amounted to the crime of false pretenses. Here, Defendant Green knew, concealed, and conspired to conceal that no law, resolution, official Lee County record, or legislative act could have possibly involuntarily divested the Plaintiff unimpeachable record owners of their Constitutionally protected property [riparian Gulf-front subject Parcel # 12-44-20-01-00015.015A].

DEFENDANT KAREN B. HAWES

110. The Plaintiff declared unimpeachable record owners of said platted riparian subject Parcel # 12-44-20-01-00015.015A “on the Gulf of Mexico” sue Defendant Karen B. Hawes in her private individual and official capacity [Lee County Manager].

111. This suit is also based on Defendant Karen B. Hawes’ unlawful acts of record, which include, e.g., official policy to deliberately deprive, fraud, trespass, arson, and the destruction of Plaintiffs’ substantial property fencing and Cayo Costa property under false and fraudulent pretenses that Plaintiffs’ private real property and/or riparian Gulf-front street lands are a purported “park” and/or forged and non-existent “parcel 12-44-20-01-00000.00A0”. Defendant Hawes knew that said fictitious “parcel” was never subdivided or platted by original Owner A. C. Roesch in 1912, PB 3, PG 25; and that the forged and un-platted “park” does not legally exist in the facially private undedicated residential Cayo Costa Subdivision.

FRAUDULENT CONCEALMENT

112. Defendant Karen B. Hawes fraudulently concealed that prima facie “Lee County” sham “claim” and scam “O.R. 569/875”

a. Did not create or transfer any interest and/or estate to Lee County, Florida;

b. Was not any instrument, muniment of title, or writing;

c. Never legally existed;

d. Was never legally recorded;

e. Did not divest, and could not have possibly involuntarily divested the Plaintiff declared unimpeachable record fee simple owners of said private street and alley easements of their Constitutionally protected property, PB 3, PG 25 (1912);

f. Did not involuntarily divest the Plaintiff declared unimpeachable record fee simple owners of said private adjoining riparian street lands and street easement along the ordinary high water mark of the “Gulf of Mexico”, PB 3, PG 25 (1912);

g. Was null and void and without any legal effect;

h. Was never signed, executed, and/or sealed by the governing body of Lee County, FL;

i. Was a facial fraud and extortion scheme;

j. Was a forged “land” “claim”;

k. Could not have possibly involuntarily alienated Plaintiffs’ private riparian “paper” street lands and private street easement on the “Gulf of Mexico”;

l. Could not have possibly involuntarily alienated Plaintiffs’ admittedly private riparian street and alley easements across the facially undedicated private residential Cayo Costa Subdivision as legally described by reference to said 1912 Subdivision Plat of Survey, PB 3, PG 25.

DEFENDANT ROGER DESJARLAIS

113. The Plaintiff declared unimpeachable record owners of said platted riparian subject Parcel # 12-44-20-01-00015.015A “on the Gulf of Mexico” sue Defendant Roger Desjarlais in his private individual and official capacity [“Deputy Chief”; Lee County Property Appraiser’s Office].

114. This legal action is also based on Defendant Roger Desjarlais’ criminal acts of record such as, e.g., deliberate deprivations, fraud, and conspiracy under 18 U.S.C. §§ 241, 242.

FRAUDULENT CONCEALMENT

115. Maliciously, Defendant Roger Desjarlais misconstrued the 1912 record Plat of Survey of the undedicated private residential Cayo Costa Subdivision. Said Defendant knew and concealed that pursuant to said 1912 record Plat, all lands between the natural boundaries of the “Gulf of Mexico” on the West side and “Charlotte Harbor” on the East side of said Lee County residential private undedicated Subdivision have been the “property of A.C. Roesch” and/or his successors-in-title, who paid any and all property taxes since 1912. Because Lee County, FL, had never paid any property taxes, and/or asserted any claim, adverse possession was factually and legally impossible. No eminent domain judicial proceedings ever took place. Desjarlais fraudulently concealed and conspired to conceal that only a judgment in a court of law pursuant to Florida’s strict eminent domain and/or adverse possession Statutes could have possibly transferred record title to Lee County, FL.

116. Here, Defendant Desjarlais knew and concealed that the Plaintiff unimpeachable record owners hold exclusive unencumbered and automatically quieted record title to the Lee County riparian subject Parcel # 12-44-20-01-00015.015A, which touches the “Gulf of Mexico”, Plat Book 3, page 25 (1912). In particular, Desjarlais knew that any and all “Lee County” involuntary alienation “claims” were factually and legally impossible and fraudulent. No judicial due process and/or proceedings

117. Defendant Roger Desjarlais fraudulently concealed

a. Plaintiffs’ true marketable and automatically quieted record title to;

b. Plaintiffs’ true and unimpeachable riparian record ownership of;

c. The true record legal boundary of the “Gulf of Mexico” on the West side of;

d. The true record Parcel area of more than 2.6 Acres of; and

e. The true record Parcel depth of more than 2,300 ft of

Plaintiffs’ riparian 2.6 plus Acres Parcel # 12-44-20-01-00015.015A “on the Gulf of Mexico”, PB 3, PG 25 (1912).

118. Defendant Roger Desjarlais fraudulently concealed, e.g., the

a. Fraud of facially forged and unplatted “Lee County” “parcel 12-44-20-01-00000.00A0”;

b. Fraud of facially forged and unplatted “Lee County” “parcel 07-44-21-01-00001.0000”;

c. Fraud of forged “Lee County” “claim” “O.R. 569/875”, which never legally existed;

d. Facial fraud of a forged and unplatted “park”, which never legally existed, PB 3, PG 25;

e. Fraud of falsely pretended involuntary alienation by facial scam “O.R. 569/875”.

119. Defendant Roger Desjarlais knew and fraudulently concealed that

a. Lee County never held any record title to Plaintiffs’ riparian 2.6 plus Acres Parcel # 12-44-20-01-00015.015A, which admittedly adjoins and/or touches “the Gulf of Mexico”.

b. No property interest and/or estate in Plaintiffs’ said 2.6 plus Acres riparian Parcel “on the Gulf of Mexico” ever transferred to Lee County;

c. The Plaintiffs hold exclusive unimpeachable marketable record title to riparian Parcel # 12-44-20-01-00015.015A, which admittedly abuts and touches “the Gulf of Mexico”;

d. Florida’s Marketable Record Title Act [M.R.T.A.] had automatically quieted and perfected Plaintiffs’ free and clear record title, which was derived from the Federal Land Patent recorded in the Lee County, Florida, public records and Grantor/Grantee Index.

e. Lee County never owned Plaintiffs’ riparian 2.6 plus Acres Gulf-front Parcel # 12-44-20-01-00015.015A.

f. Lee County, Florida, never asserted any “claim” to Plaintiffs’ riparian 2.6 plus Acres Parcel # 12-44-20-01-00015.015A, which abuts “the Gulf of Mexico”.

g. Even if [merely arguendo and/or hypothetically] Lee County would have asserted a colorable “claim” [which Lee County never did], Florida’s Marketable Record Title Act would have automatically extinguished and/or barred such a fictitious “claim”;

h. The Lee County Property Appraiser’s Office fraudulently pretended “Lee County” “ownership” of Plaintiffs’ riparian street land and private street easement, which abuts the “Gulf of Mexico” [Parcel # 12-44-20-01-00015.015A] as subdivided and platted by the original Cayo Costa Subdivision Owner and Developer Alexander C. Roesch, PB 3, PG 25 (1912);

i. Defendants Roger Desjarlais and Kenneth M. Wilkinson fraudulently pretended “Lee County” “ownership” of Plaintiffs’ riparian 2.6 plus Acres Parcel # 12-44-20-01-00015.015A, which abuts the “Gulf of Mexico” as admitted by Roger Alejo under oath on 11/17/2009, PM, and conclusively evidenced by said Plat Book 3, p. 25.

MATERIAL AND MALICIOUS MISREPRESENTATION

120. Defendant Roger Desjarlais materially and maliciously misrepresented

a. Plaintiffs’ true, unimpeachable, and free and clear record ownership of;

b. Plaintiffs’ true marketable, automatically quieted, and perfected record title to;

c. The true platted “Gulf of Mexico” record legal subject Parcel boundaries of;

d. The true record subject Parcel depth of more than 2,300 ft of; and

e. The true record subject Parcel area of more than 2.6 Acres of

Plaintiffs’ riparian Parcel # 12-44-20-01-00015.015A “on the Gulf of Mexico”.

VIOLATION OF HOUSE BILL 521

WILLFUL USE OF FRAUDULENT & DECEPTIVE APPRAISAL METHODOLOGY

121. With wanton disregard for the truth and conclusive public record evidence, Defendant Desjarlais violated House Bill 521 (H.B. 521). Here, Desjarlais knew that in the 2009 legislative session, an important change to Florida Statutes was passed and then approved by Governor Crist on June 4, 2009. See 194.301, F.S., as amended by Ch. 2009-121, Laws of Florida (H.B. 521). In this case, Defendant Desjarlais, the “Deputy Chief”, had the burden of proof, and perverted the truth. Here, Desjarlais knew, concealed, and conspired to conceal that the forged depth of “135 feet” could not have possibly been the true record subject Parcel depth of more than 2,300 feet. In particular, Desjarlais knew that more than 2,300 feet separated the Eastern subject Parcel boundary from the admitted Western “Gulf of Mexico” natural legal boundary on the record. See Defendant Desjarlais’s Geographical Information System (G.I.S.) data on record.

122. Pursuant to § 194.301, the Plaintiff exclusive property taxpayers and unimpeachable record title holders have been entitled to a determination by the Courts of the appropriateness of the appraisal methodology used in making the assessment and/or agricultural use classification of Plaintiffs’ 2.6 plus Acres riparian Gulf-front Parcel. The value and use classification of Plaintiff Petitioners’ Constitutionally protected property [Lee County riparian Parcel # 12-44-20-01-00015.015A “on the Gulf of Mexico”] had to be determined by an appraisal methodology that complies with the criteria of § 193.011 and professionally accepted appraisal practices. Defendant Desjarlais knew that Defendant Alejo’s perjury and forged “fixed boundary” and their fabrications of an un-platted and fictitious “135 ft x 50 ft” “lot” violated Ch. 193, and § 193.011. Here, Defendant Desjarlais knew and concealed that Defendant Alejo perjured himself and recklessly perverted of, e.g.:

a. The true riparian Gulf-front subject Parcel area and/or size of more than 2.6 Acres;

b. The true riparian Gulf-front subject Parcel depth of more than 2,300 feet to the “Gulf of Mexico”;

c. Plaintiffs’ true unimpeachable record ownership of said 2.6 plus Acres riparian subject Parcel, which admittedly abuts and/or touches the “Gulf of Mexico”.

Here, Defendant Roger Desjarlais knowingly used and conspired to use fraudulent appraisal methodology for the unlawful purpose of defrauding and deliberately depriving the Plaintiff unimpeachable record title holders of said automatically quieted, unencumbered and paramount title to said 2.6 plus Acres riparian subject Parcel.

FORGERY

123. Defendant Roger Desjarlais forged, and conspired to forge, e.g., the

a. Ownership data pertaining to;

b. Title information to;

c. Legal boundary data of;

d. Depth of; and

e. Area, size, and/or Acres of;

Plaintiffs’ riparian Parcel # 12-44-20-01-00015.015A, which admittedly is bounded by and touches the “Gulf of Mexico”, PB 3, PG 25 (1912).

BREACH OF PUBLIC TRUST

124. Defendant Roger Desjarlais breached the public trust and wrongfully concealed

a. Plaintiffs’ true, unimpeachable, and perfected record ownership of;

b. Plaintiffs’ true marketable and automatically quieted record title to;

c. The true record “Gulf of Mexico” natural legal boundary of;

d. The true record subject Parcel depth of more than 2,300 ft of; and

e. The true record area of more than 2.6 Acres of

Plaintiffs’ riparian Parcel # 12-44-20-01-00015.015A “on the Gulf of Mexico” for the unlawful purpose of defrauding and deliberately depriving the Plaintiffs and unimpeachable record owners of platted real property in the private undedicated residential Cayo Costa Subdivision, Lee County Plat Book 3, page 25 (1912).

CIVIL AND CRIMINAL FRAUD

125. Defendant Roger Desjarlais fraudulently pretended that

a. The Plaintiffs allegedly did not own their riparian “paper” street lands and private street easements “on the Gulf of Mexico”, which was a reckless perversion and misconstruction of Plaintiffs’ grant in reference to said 1912 record Plat;

b. The Plaintiffs purportedly did not apply for agricultural classification of their riparian Gulf-front lands and private accreted riparian Gulf-front street easement;

c. Plaintiffs’ riparian 2.6 plus Acres Parcel # 12-44-20-01-00015.015A “on the Gulf of Mexico” had

i. A depth of only “135 feet” [rather than the true more than 2,300 feet to the natural “Gulf of Mexico” monument and boundary];

ii. An area of only 6,750 square feet or approx. 0.15 Acres [rather than the true more than 2.6 plus Acres];

iii. Plaintiffs’ adjoining riparian street lands and private street easement were purportedly “owned” by “Lee County” in the prima facie absence of any “Lee County” title to Plaintiffs’ platted record “paper” street and accretions thereto, which abut and/or touch the “Gulf of Mexico”.

126. Here, Defendant Roger Desjarlais’ fraudulent concealment of the true platted record natural Parcel and Subdivision boundary of the “Gulf of Mexico” defrauded the Plaintiff unimpeachable record owners of, e.g.:

a. More than 94 [ninety four] % of their Constitutionally protected riparian lands and Parcel # 12-44-20-01-00015.015A “on the Gulf of Mexico”;

b. Plaintiffs’ private and unencumbered street and alley easements across said admittedly private undedicated residential Subdivision, PB 3, PG 25 (1912).

DEFAMATION AND LIBEL

127. When the Plaintiffs blew the whistle on said egregious fraud and public corruption, Defendants Roger Desjarlais and Kenneth M. Wilkinson defamed and conspired with other State and County Officials to defame the Plaintiffs as “vexatious” and “litigious”. Rather than answer to Plaintiffs’ conclusively proven allegations, said Defendants fraudulently pretended that Plaintiffs’ claims for relief were “frivolous” and that Plaintiffs’ owned a forged “0.15 Acres” “fixed boundary” lot rather than the record 2.6 plus Acres Parcel of public record, which forever is bounded by the ever-changing “Gulf of Mexico”.

DELIBERATE DEPRIVATIONS

128. Defendant Roger Desjarlais knew and concealed that the Plaintiffs have a Constitutionally guaranteed right to own the entire width [50 ft] of their riparian street land and private implied street easement along the “Gulf of Mexico” [2.6 plus Acres riparian Parcel # 12-44-20-01-00015.015A] as platted and subdivided, Lee County PB 3, PG 25 (1912).

129. Plaintiffs bought their riparian Gulf-front Parcel # 12-44-20-01-00015.015A in reference to said 1912 Plat of Survey of the undedicated private residential Cayo Costa Subdivision, Lee County Plat Book 3, p. 25 (1912).

130. Defendant Roger Desjarlais deliberately deprived the Plaintiffs of their fundamental Constitutional right to own and exclude the Government and public from their

a. Private 2.6 plus Acres riparian Gulf-front Parcel # 12-44-20-01-00015.015A;

b. The platted private implied street and alley easements all over said undedicated private Subdivision, PB 3, PG 25.

CONSPIRACY

131. Defendant Roger Desjarlais agreed and/or conspired with Defendant Kenneth M. Wilkinson and other Lee County Officials to fraudulently pretend, e.g., that

a. The Plaintiffs only own the paltry fraction of “135’ x 50’” of their riparian Gulf-front Parcel # 12-44-20-01-00015.015A with a surveyed area (2008) of approximately more than 2.6 Acres in size. See Exhibit: 2008 Survey of Plaintiffs’ 2.6 plus Acres riparian Gulf-front Parcel. See also Geographical Information System data for and Aerial Photography of Plaintiffs’ 2.6 plus Acres riparian subject parcel at Defendants’ website: www.LeePA.org.

b. The Plaintiff unimpeachable riparian record owners purportedly only own the paltry and un-platted area of 6,750 square feet [135’ x 50’] of their 2.6 plus Acres riparian subject Parcel # 12-44-20-01-00015.015A rather than the true record area of approximately more than 2.6 Acres as surveyed [2,300 plus feet x 50 feet];

c. Lee County owns Plaintiffs’ riparian street lands and private street easement “on the Gulf of Mexico” in the prima facie absence of any Lee County title, adverse possession, eminent domain, and/or involuntary alienation proceedings.

TRESPASS

132. Defendant Desjarlais and his material misrepresentation encouraged the public to trespass onto, e.g.

a. Private Cayo Costa Subdivision lands, PG 3, PG 25;

b. Private implied Cayo Costa Subdivision street and alley easements, PB 3, PG 25 (1912);

c. Plaintiffs’ 2.6 plus Acres riparian Parcel 12-44-20-01-00015.015A “on the Gulf of Mexico”;

d. Plaintiffs’ adjoining riparian “paper” street lands and private street easement along the “Gulf of Mexico” with a depth of more than 2,170ft [more than 2,300ft-130ft]

133. Defendant Desjarlais and his fraudulent data encouraged the public to start open fires, camp, and erect tents on Plaintiffs’ private implied street and/or alley easements within the facially undedicated Cayo Costa Subdivision, PB 3, PG 25 (1912), which endangered the Plaintiffs’ lives and destroyed their property. See, e.g., April 2008 Cayo Costa Fires Reports and Records.

WIRE AND/OR INTERNET FRAUD

134. Defendant Desjarlais used the wires and/or Internet [see, e.g., www.LeePA.org] to materially misrepresent the true record ownership of, e.g., Plaintiffs’

a. Record private Cayo Costa Subdivision street and alley easements, PB 3, PG 25 as conveyed by implied covenant;

b. Record adjoining riparian “paper” street lands and private street easement along the “Gulf of Mexico” with a depth of more than 2,170ft [more than 2,300ft-130ft].

OBSTRUCTION OF JUSTICE

135. Defendant Roger Desjarlais perverted the truth and conclusive and reliable public record evidence of Plaintiffs’ unimpeachable record ownership of and automatically quieted title to Plaintiffs’

a. Record private platted Cayo Costa Subdivision street and alley easements, PB 3, PG 25 as granted by implied covenant;

b. Record adjoining riparian “paper” street lands and private street easement along the “Gulf of Mexico” with a depth of more than 2,170ft [more than 2,300ft-130ft].

136. Roger Desjarlais knew, fraudulently concealed, and conspired to conceal that the Plaintiffs have fundamental Constitutional rights to own and exclude Government(s) and the public from their

a. Private platted implied Cayo Costa Subdivision street and alley easements, PB 3, PG 25;

b. Plaintiffs’ adjoining riparian “paper” street lands and private street easement along the “Gulf of Mexico” with a depth of more than 2,170ft [more than 2,300ft-130ft].

137. Here, Defendant Desjarlais knew and fraudulently concealed that Lee County, Florida, never held title to Plaintiffs’ said Constitutionally protected property...