STEP TWO:   we move closer to the courtroom/ because there is no discernable respect for the preliminary round.

Dated 11, 8, 10

in the matter of:    Osterbur    vs.   United Feeds. 

The controversy starts:   as a decision NOT to be violated anymore/ not to allow unwarranted and unnecessary noise to cross boundary lines, damage my life, and invade my world. 
The legal argument begins, with the fourth amendment to the US Constitution which reads: the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.  
The search for “reasonable” as to constitutional meaning understands:   the purpose and cause that is legitimate for the courtroom to declare, protect, and defend is as the constitutional  preamble states.  The decision of the people, to unite as a nation!    It reads: 
“We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity (children), do ordain and establish this Constitution for the United States of America.”

Thereby, we hear the purpose of the courtroom defined/ and we see in the law of the fourth amendment what is necessary for the judge to do:   protect, the people/ defend the citizen/ and control those who act without respect for our lives, our work, our heritage.

In this matter which goes before the court in “step three”, as actual trial. 
1:       The foundation of citizen complaint is: that my life has been altered/ invaded/ and seized from my control;   by the noise created through the actions of the defendant. He has crossed over his property line/ and invaded me; assaulting and battering both body and mind.


2:       The foundation of community complaint brought by me, in this matter as a now, declared “community activist” is:   that they have changed our lives/ ruined the value of our property/ assaulted the sanctity of peace and harmony within this community/ and endangered the children unnecessarily, with an increase in noise, dust, and truck traffic that is NOT fundamentally necessary, to this community.

Established by truth, is the fact:   that “freedom, is a strictly personal: only affects you, reality”.  Everything else, that is free to do in society is a matter of liberty:    Or, WE ACCEPT,  this is your right to do, because we hold dear/ it is our right to take such risks and behave in a similar way as well, without interference. It is our right to damage or endanger our lives as we desire/ but it is only liberty that grants, you may step outside your personal existence and endanger us.  If we do not grant it/ that freedom does not exist.
Given that sense of reality, we now look at the situation created by the defendant with respect to this community and to me.  As a farming community, no complaint has been made over the years regarding the business of an elevator.  Even though increased capacity and noise was created by the defendant to participate in growing, the major business enterprise which is farming for this community.  Because what is necessary to the community, is simply necessary.  That has changed with the increased capacity of a one million bushel bin/ with talk that conceives of another one million bushel bin added to that. This is NOT about the community, it is power, pride, and greed; taking from the community far more than it gives.  Fully increasing the size of containment, WELL BEYOND anything to do, with our farming community/ well beyond any possibility of expected yields: and not allowing for the probable decrease in yields expected due to genetic manipulation.  In other words, this company now exists beyond the  link to our needs/ and serves its own strictly personal purposes of greed.   By altering our environment/ changing our lives/ disrupting our community/ and in general making us pay for their expected increase in wealth, pride, and power.   NOT FAIR.  Increased taxes are not enough, this is about changing the community itself, devaluing lives and property, and assaulting lives through environmental realities they bring; to batter us with.  The entire reality of rewards expected, are strictly for themselves.  NOT FAIR.


As to me, the critical truth is:   that while every single fall since my ears have been damaged is harsh because of noise/ and I have sought ways of compensating for that.   Because I HAVE lived on this property for roughly 50 years/ and it is where my family has grown up; which cannot be replaced.  The reality of now an additional one million bushel grain bin/ that could be filled through tempting a larger area to participate here instead of within their own communities.  Means the noise this industry shall generate will increase, and be completely intolerable for roughly 6 months out of every consecutive year, from now on.  The reality is, that a one million bushel bin shall have fans running throughout the year:  until it is emptied “no more, its finally over, for the year”. That is an assault on me/ that is battery due to the disability defined by my hearing, that will not allow such noise: deafness will replace it.  Terrible and consequential inner high pitch ear noise does demand moving. These are personal realities that do not constitute changing a community/ but they are clearly equal to GREED, and a demand to change the community by this defendant. They have made me move/ they have limited my right to return to my own home land, they have removed me from my own heritage for their personal greed, and nothing more!  They have assaulted the community itself/ they endanger the community by noise and traffic; and contribute nothing in honest or real compensation; by the terms, “ they remove themselves from this community, by the clarity, this work is no longer for this community”.
The liberty taken, by this defendant, to say:   OUR GREED is more important that his life, or this community and what they must endure because of these choices.  Does not meet the standard applied by either the fourth amendment or the instructions to the court and to our employees, as is the preamble:  who must protect this people, and me; read it again.
That means the contract is broken, between community:   “We will support you/ BECAUSE you work for us”!  And the grain company who wants, “MORE money, yours too (by devaluing property, and stealing peace and harmony, showering the community with noise, traffic, and dust or potential allergens”.  Thereby clearly adding we don’t give a damn about you, or this community; only money.

The preliminary round as was sent to this defendant and its corporate office said:   in effect, I will leave quietly and without complaint/ as this area has been harsh to me, through noise in the past (I have been able to survive it, previously); but clearly no more.  SIMPLY RESPECT my right and my need for a quiet year/ until next fall comes.  Let the community decide for itself. 


That, Has been abandoned on the evening of 11,5, 10 wherein the noise level produced by the defendant was substantial enough to move me once again;  out from my house/ to go elsewhere to protect and survive, my ears. The ears had not recovered substantially enough to endure it, because of the assault and battery one week prior/ when the preliminary Letter was then engaged. His cause for generating noise is NOT of interest to me/ as the reality of throwing me from my chosen residence and place in this world, or causing me harm:   is of no interest to him.  No respect for me, means no respect for you!
The consequence is:   that we must discuss the legal parameters of trespassing against private property/ violating my space, my securities, my own business and income and rights, my association with family: with their noise.  Taking my freedom, a portion of my life for over fifty years;  and throwing it away, by their greed.
This legal action IS NOT about controlling their industry in terms of its business or decision making.  THIS LEGAL ACTION IS about controlling the impact this industry has:  on my life, our lives, and our environment.  It is not about my disability, as I have proven true to the statement: what is necessary for the business of farming in this community must be endured/ I have taken no one to court as yet, asking only: no more than necessary.  This industry/ this defendant is no longer about the business of this community/ thereby those rules no longer apply. The trespass across property lines, the infliction of your decision, and your reality; on my life.  The alteration of my own living/ damage to the community/ the blight of noise, dust, danger, and traffic all exist as fundamentals to which we as a community/ or I as to noise, did not agree.   It is our right to control, defend, and secure the property, lives, houses, families, health, and foundations necessary for peace and harmony within our own lives. 
YOUR GREED/ your pride/ your power/ your selfishness: IS NOT our problem:   it is your trespass/ your attack on us, by committing our lives to your decision; and leaving us with no option other than take you to court and demand OUR GUARANTEED, AND INHERENT RIGHTS, as a citizen of this state and nation.
  Our right before the law, is to be equal/ or more.  Because the constitution holds no value or legitimate claim to protect the corporation or any other  non-person as is a legal description rather than a living body of life.   Which means, NOT equal, to us or me:   constitutionally, and the constitution is the law! The constitution protects the people, NOT those who hide behind a legal definition of rights, that is not alive.  The constitution is about the living; end of the story.

The critical questions are then: WHAT constitutes a valid


 claim to generate noise, and for how long?  WHAT constitutes a valid level of volume, and frequency within that noise, and at what distance. And WHAT ARE THE OPTIONS available to reduce that noise. WHAT is the danger identified to the population regarding every form of pollution including noise; that will be inflicted upon the people (what happened to my hearing/ CAN happen to you. large amounts of dust can create health problems/ traffic and people in a hurry are known dangers).   WHO gains; when the business does not serve the community: we are going to pay with our lives, our environment, our peace and harmony, the value of property, and more.    WHAT true portion of the money then belongs  to this community; after clear and accurate accounting is identified and declared; each and every year!   We pay with our lives to endure you/ that has a price?  WHAT shall constitute new and safer traffic control for the public/ such as directing all new traffic from the north, for this bin, as would include another scale on the north side of the business to accommodate this traffic, keeping it out of town.  WHAT conceives of health and safety for the employees, for  their hearing is fundamental to the community itself: what is the risk of long term damage. What is the price this defendant will pay for hearing damage per person.
What has been is no more/ that means all forms of risk have increased. 1200 more trucks to equal one million bushels into this one bin: is one truck every fifteen minutes, for ten hours a day, for 30 straight days.  In addition to the trucks already dedicated from the community. Traffic shall be addressed. The noise level added to, by this traffic shall also be addressed. The reality what goes in, must come out is another million bushels more.
The elements of noise are all governed by reality, the very beginning of that reality is: the quietest possible fan, with the least damaging frequencies MUST replace every other fan that does not comply. Barriers must be erected.  “Noise chimneys” established: whereby air is drawn in from high above so that fan noise is controlled, and so on.
The possibility of any further additions/ strictly the decision of the community.
This is the beginning of court/ but shall be added to, if we go.