My name is Gardenia C. Hung, victim of hate
crimes, abuse, heinous criminal acts by the
Lombard Police Department, the Fire Department
and the Village of Lombard, while I have been a
Lombard resident homeowner at 502 S. Westmore-
Meyers Road in DuPage County, Illinois 60148. I
have been writing to report crimes committed by
the Village Lombard Police Department and Keith
Steiskal, from the Lombard Fire Department. On
November 5, 2008, Keith Steikal demolished my
Lombard house and I am still homeless.
On Wednesday, November 5, 2008, the Lombard Fire
Department demolished my family home, real estate
property, family assets, legal documents on file
cabinets, as well as professional business
equipment, documents, and Illinois State Notary
Public legal files at 502 S. Westmore-Meyers
Road, Lombard, IL 60148-3028 USA.
For the last sixteen (16) years, the Village of
Lombard, et al. has damaged and abused the
subject property for its own public purposes in
Du Page County, Illinois as an access to crime,
without just compensation to the Hung Family and
the Estate of Mr. Roberto Hung Supplemental Care
Trust, pursuant to the doctrine of “Inverse
Condemnation”, the Hung Family petitioned to
redress damages and losses as follow:
Since 1993 through 2008, the Village of Lombard,
including the Lombard Police Department, and the
Fire Department have been abusing and damaging
the subject property more through trespassing,
unauthorized access entries, access to crime
after 1996, when the late Mr. Roberto Hung
purchased the Lombard Historical Brick Bungalow.
During 2004, the subject property was damaged by
water flooding from bursting plumbing pipes under
ungauged water pressure caused by Lombard
plumbing rupture and faulty storm draining system
in Du Page County, which required PSI valves to
be installed by the Department of Public Works
and Water Services in the Village of Lombard.
(Case reference to Yee v. City of Sausalito,
Appellate Court Decision.)
During 2004, 2005, and 2006, the Village of
Lombard has interrupted public utilities services
for the Hung Family and the subject property
causing additional damages and losses to the
Lombard Historical Brick Bungalow for lack of
telephone service lines, no electricity, and no
water service to the homeowners.
During 2005, the subject property suffered
extensive roofing damages and losses to existing
residential telephone utilities caused by
unauthorized SBC Telephone Services by the
Lombard Police Department, the neighbors John and
Eva Carpenters, sons, relatives, associates, and
other accomplices trespassed into the Hung Family
real estate property by jumping over the
adjoining fence posts between the Carpenters’
driveway and the backyard of the subject property.
During 2006 and 2007, there were also existing
damages and losses to the green lawn and
landscaping, as well as the plant life, flower
beds and borders due to the Village of Lombard
Public Works Project for street pavement and
water sewage inspection.
Hate crimes by the Lombard Police Department
arranged against the Hung family in Lombard have
been deliberate heinous acts in the Village of
Lombard considered to be torts. An intentional
tort arises from deliberate invasion of another
person’s rights, causing injury without just
cause or excuse. For instance, the new neighbor
drives backward into the owner’s fence posts
between the adjoining driveway and damages the
existing fence on the first moving day into their
new home. The owner of the damaged fence posts
can sue the new neighbor for repeatedly driving
into the owner’s fence posts with a van, a
lawnmower, or deliberate carelessness.
Intentional torts include interference with
a person’s freedom of movement, defamation of
character (libel and slander), invasion of
privacy, interference with property rights,
misuse of the legal process, fraud, and the
intentional infliction of emotional distress.
Trespass is a tort, a civil wrong because it
interferes with a person’s property rights. For
instance, the new neighbor’s son jumps the fence
adjoining the owner’s property repeatedly without
permission. Or, the Lombard Police Department in
Du Page County, Illinois allows intruders,
strangers, terrorists, and criminal repeat
offenders to jump the owner’s fence into the
backyard, under approval of the Village of
Lombard, Town Hall staff, and the Village
Manager, Bill Lichter, President Bill Mueller,
including Trustee for District 5 Ken Florey, and
others, without the authorization of the Hung
Family as owners of the real estate property.
Common law “tort” action features
unreasonable interference with the interests of
another. For instance, intentional infliction of
emotional distress is a tort. Case-in-point,
John Carpenter, the neighbor calls the Lombard
Police Department on the Hung Family when the
daughter arrives one evening, last summer 2006,
and walks into the backyard—there was nothing
wrong in the backyard, at the house, or with the
daughter of the late Mr. Roberto Hung, J.D.
An injured person may sue anyone who commits
a tort against him/her to collect damages—money
to compensate for the wrong.
Trespass is an unlawful intrusion that
interferes with someone else’s possession of
property. A trespass gives the property owner
the right to bring a civil lawsuit and collect
money damages for the interference and for any
harm caused. Some states in the U.S.A. have laws
that make trespass a crime and prosecute illicit
access entry into property with punitive fines,
sanctions, and imprisonment. Generally, a
trespass is committed on real property (real
estate or land and everything that is attached to
it), but a trespass can also be to personal
property (all other forms of property) as well.
Criminal trespass is accomplished by
violence or tends to be a “breach of peace”.
Some statutes consider any unlawful entry on
another person’s real estate property as a
criminal act. When the trespass involves
violence or injury to a person or property, it is
always considered criminal, and penalties may be
increased for more serious or malicious acts.
Criminal trespass is prosecuted in the State of
Illinois by punitive fines, sanctions or
imprisonment or both.
The standard remedy in an action for
trespass to chattels is a judgment for an amount
equal to the value of loss or use of the
property. Damages from a trespass claim are
based on the harm caused to the owner’s property,
rather than the general value of the chattel.
Under common law, many acts can constitute
both “conversion” and “trespass” as “action in
trover”.
Conversion as an “action in trover” under
English common law is an ancient, historical form
of legal action to recover possession of personal
property, and its practice to settle disputes,
contests, and arguments, has developed our modern
sense and interpretation in the application of
common law in the 21st century and beyond.
Action in trover is the technical name for a
lawsuit to recover damages incurred for a
wrongdoer’s “conversion” (wrongful taking,
misuse, abuse, alteration or destruction) of
personal property belonging to someone else. In
trover actions, the measure of damages is
normally in proportion to the value of the
property at the time of conversion.
Legal “action in trover” is a remedy for
conversion or the wrongful appropriation of the
owner’s personal property. During the course of
the 16th century, “action in trover” developed as
a special form of legal action in a case.
Trover damages are measured in proportion to
the market value of the property, plus
compensation for deprivation of use, and
compensation for other losses naturally and
proximately caused by the wrongful taking of
another’s property. The owner can also recover
interest that would have been earned by the money
value of the object and any expenses incurred in
attempting to recover the property.
Another example of common law is “negligence
per se”, that is to say behavioral conduct which
is evidence of an unreasonable action (or failure
to act) that causes injury to a person or damages
to his/her property. Negligence per se, as
carelessness in itself, is behavior that falls
below the standards set by law for protecting
others against risk or harm. As a result
of “negligence per se”, anyone who is injured, or
whose property is damaged because of someone
else’s negligent act or failure to act, is
entitled to bring a civil lawsuit against the
wrongdoer, for an “action in trover”.
In itself, negligence is a state of mind
involving carelessness, forgetfulness,
inattentiveness, refusal to perform duties and
obligations required by law and professional
standards.
In negligence law, a person has an
obligation and duty to exercise reasonable care
for the physical safety and for the property of
others people.
Negligence per se involves “misfeasance”
which is to say, the improper doing of an act,
and “nonfeasance”, that is to say, the failure to
perform the required duty. In cases
involving “imputed negligence”, the first person
in charge may have a duty to see that the second
person in force exercises care in regard to any
third party or property. Thus, “imputed
negligence” falls upon the first person when the
second person fails to perform the duty of care
for the third person, “vicariously”. In the same
way, “respondeat superior”, in Latin, illustrates
a principle of law that holds an employer liable
and responsible for anything that an employee
does during the course of employment. Case-in-
point, the Village of Lombard is responsible for
all its employees’ actions and non-actions, at
all times.
When a person suffers harm because of
someone else’s negligence, the same person can
sue the negligent person and make him or her pay
for the harm, damages and/or losses caused.
Given that the negligent person owed the injured
party a duty to use care; that he/she violated
that duty by failing to act according to the
required standard of care; and that the party
incurred injury or that property was damaged as
the result of the negligent person.
In the doctrine of “negligence per se”, the
violations of statutes by the negligent person
creates a case for legal action in itself, by
default. In order for this doctrine (of
negligence per se) to operate, the statute which
has been violated must have been designed to
prevent the type of injury or damaged suffered by
a victim of crime, abused by another person due
to “negligence per se”.
Case-in-point, in the legal action for
Village of Lombard v. Hung, et al., the Plaintiff
is subject to “negligence per se” for the
violations of Illinois statutes pursuant to
consumer service fraud, breach of the Fair
Housing agreement contract, and Lombard real
estate liability for the sale of old houses in Du
Page County, Illinois, USA.
Since 1993, in the Village of Lombard, the
Hung Family real estate property and all family
members, have all been injured, disabled, and
damaged due to the Village of Lombard’s failure
to provide the duty of care, according to the
required standard of care; and the Hung Family
members and real estate property have all been
victims of crime as a result of “negligence per
se” by default in the Village of Lombard, Du Page
County, Illinois, USA.
LOMBARD POLICE DEPARTMENT: 1993-2008 HEINOUS
HATE CRIMES WITH DAMAGES AND LOSSES AT THE HUNG
FAMILY REAL ESTATE AT
502 SOUTH WESTMORE-MEYERS ROAD, LOMBARD, DUPAGE
COUNTY, ILLINOIS 60148-3028
I. BRICK BUNGALOW HOUSE WITH 3-
LEVELS: 1ST FLOOR, 2ND FLOOR, BASEMENT, GARAGE
A. FIRST FLOOR.- FOYER/LOBBY FRONT.- DAMAGED
DOOR LOCK,SHUT
1. CEILING PANELS STAINED, CRACKED
2. GLASS WINDOW PANES, 6TH WINDOW SOUTH,
CRACKED GLASS
8TH WINDOW SOUTH, CRACKED GLASS
3. DOOR BELL IS BROKEN
4. DOOR KNOB IS BROKEN, FORCED
5. DOOR PANEL, STAINED BY FORCED
ENTRY
6. DOOR
LOCK/KNOB IS BROKEN, FORCED
7. FRONT
STEPS, CHIPPED CONCRETE
8. BRICK
BASE NEEDS TUCKPOINTING
B. LIVING ROOM.-
25-GALLON AQUARIUM, DEAD FISH, POISONED CLOROX
1. FLOOR-
DRILLED HOLE BY UNAUTHORIZED CABLE CONTRACTOR
2. SOUTH
WALL SEEPAGE, PEELING PAINT, CRACKED WALLS
3. SOUTH
WALL DAMAGE TO ELECTRICAL WIRING SYSTEM
4. CEILING
CRACKED, PEELING
PAINT
C. DINING ROOM
1.
CEILING BULGING TILES, FALLING TILES ON THE WEST
CORNER
2. WINDOW
GLASS BULLET HOLE, UPPER LEFT GLASS PANE, CRACKED
GLASS WINDOW PANE
3. CARPETING.- WALL-TO-WALL DAMAGE
D. MASTER BEDROOM
1. COLLAPSED CEILING OVER TEAK QUEEN-SIZE
BEDROOM SET, VANITY
(2) CHEST OF DRAWERS, (2) NIGHT STAND
TABLES, (2) LAMPS
2. WALLS DAMAGED BY MOLD, MILDEW, WATER
SEEPAGE
3. CARPETING WALL-TO-WALL DAMAGED
E. CORRIDOR
1. FLOOR WARPED WOODEN PLANKS TO BE
REPLACED
2. CARPETING WALL-TO-WALL DAMAGED
3. CEILING GYPSUM COLLAPSED, CRACKED
4. ELECTRICAL WIRING SYSTEM DAMAGED BY
WATER SEEPAGE
F. BATHROOM
1. CEILING COLLAPSED WHEN PLUMPING PIPES
AND FIXTURES BURST
DUE TO EXCESSIVE WATER PRESSURE
UNGAUGED BY THE LOMBARD
WATER DEPARTMENT AND PUBLIC WORKS
2. CEILING WOODEN STRUCTURE DAMAGED BY WATER
SEEPAGE
3. PLUMBING PIPES AND FIXTURES DAMAGED
G. GUEST BEDROOM (SOUTHWEST FACING BACKYARD)
STUDY
1. CLOSET IS DAMAGED BY PLUMBING PIPES BURSTING
DUE TO
UNGAUGED WATER PRESSURE
2. WATER SEEPAGE IN CLOSET ACCESS TO
PLUMBING PIPES SHARED BY
THE BATHROOM AND THE BASEMENT LEVELS.
G. STOLEN
CLOTHING, BOOKS, FAMILY PHOTOGRAPHS, DOCUMENTS
U.S.
DEPARTMENT OF LABOR FILES BELONGING TO GARDENIA
C. HUNG
H. KITCHEN
1. SINK PLUMBING PIPES ARE TURNED OFF
2. FLOOR TILES ARE CRACKED, WATER-LOGGED, TO BE
REPLACED
3. CEILING PAINT CRACKED, PEELING
4. REFRIGERATOR IS DAMAGED
5. DISHWATER IS DAMAGED
6. DISHES ARE BROKEN
I. BASEMENT
1. PLUMBING PIPES BURST DUE TO UNGAUGED WATER
PRESSURE
2. COLLAPSED CEILING, CRACKED, EXPOSED PIPES,
MOLD, MILDEW
3. WATER SEEPAGE, HUMIDITY, MOLD, MILDEW
4. WALLS CRACKED, PEELING PAINT
5. GLASS VENTS CLOSED/OPEN SCREENS BROKEN, TO
BE REPLACED
6. (2) REFRIGERATORS DAMAGED – VERTICAL
UPRIGHT/HALF FRIDGE
7. POOL TABLE GREEN MAT IS DAMAGED
8. BAR DAMAGED DUE TO COLLAPSED CEILING,
MOLD, MILDEW
9. WASHING MACHINE IS DAMAGED
10. HEATING FURNACE SYSTEM/AIR CONDITIONING IS
DAMAGED
11. STORAGE ROOM, BOOK SHELVES, STOLEN BOOKS BY
INTRUDERS
12. STORAGE ROOM INSULATION TO BE REPLACED,
FINISHED
13. LAUNDRY ROOM, CEILING FIXTURE PANEL CRACKED,
BROKEN
14. CEILING PANEL PULLED DOWN
15. WALL PAINT CRACKED, PEELING
J. BACK PORCH.-
INTRUDERS USED A HEAT TORCH ON PAINT BEHIND DOOR
CRACKED WOODEN BEAM BY THE WINDOW
1. CEILING LEAKAGE ON RAINY DAYS
2. LIGHT FIXTURE AND ELECTRICAL SYSTEM IS
WATER DAMAGED
3. DOOR BELL IS BROKEN, FORCED, PULLED OUT
BY INTRUDERS
4. DOOR BELL WIRING IS PULLED OUT
5. DOOR SCREEN IS DAMAGED, INSIDE, OUTSIDE,
TORN OFF FROM HINGES, DROPPED OFF, TO BE REPLACED
6. PORCH DOOR IS DAMAGED, CRACKED PAINT,
PEELING TO BE REPLACED
7. GLASS DOOR KNOBS DAMAGES TO BE REPLACED
II. SECOND FLOOR
1. STAIRS, STEPS.- WOODEN, WATER STAINED,
GLASS DOOR KNOB IS
DAMAGED, BROKEN
2. WALLS, CEILING PAINT CRACKED, PEELING
3. STORAGE ROOM INSULATION IS DAMAGED BY
INTRUDERS TO BE
REPLACED AND REFINISHED
A. STUDY/HALF BEDROOM
1. PAINT CRACKED, PEELING
2.
DAMAGED TO PROFESSIONAL COMPUTER PC EQUIPMENT,
STOLEN
CD-
ROM DRIVE. STOLEN DOCUMENTS FROM MR. ROBERTO HUNG
B. BEDROOM
1. CLOSED IS DAMAGED BY WATER SEEPAGE, MOLD,
MILDEW,
CRACKED WALL
2. CEILING LIGHT FIXTURE CRACKED AND BROKEN
GLASS OVER BED
C. KITCHEN
1. CEILING CRACKED AND PAINT PEELING CAUSED BY
HEAT TORCH USED BY
INTRUDERS, TRESPASSERS AND UNAUTHORIZED ENTRIES
D. PANTRY, TO
BE RESTORED, REMODELED, REPAINTED, REFINISHED
1.
PANTRY CEILING PAINT CRACKED, PEELING, MOLD,
MILDEW
2.
PANTRY STORAGE DOOR CRACKED, MOLD, MILDEW, REPLACE
E.
BATHROOM, PLUMBING PIPE FIXTURES BURST FROM 2ND
TO 1ST FLOOR
PAINT
CRACKED, PEELING, TO BE RESTORED, REMODELED,
REDONE
F. LIVING ROOM FURNITURE STAINED AND DAMAGED
1. CEILING CRACKING, FISSURE UNDER
ROOFING STRESS
2. WALL RETAIN HUMIDITY, MOLD, MILDEW
III. GARAGE
1. GARAGE DOOR OPENER IS BROKEN, DAMAGED,
SEARS BRAND
2. REPLACE GARAGE DOOR
3. LAWN MOWER IS DAMAGED, BROKEN POWER STRING
4. ALUMINUM SIDING POST (LEFT) IS CRACKED,
BROKEN
5. WOODEN-FRAME STRUCTURE IS DAMAGED BY
HUMIDITY
6. CONDUIT FOR ELECTRICAL WIRING WAS PULLED
DOWN
7. DAMAGE TO NINE (9) MOTORIZED AUTO VEHICLES,
CARS, SUV, MOTORCYCLE, LAWN MOWER, ETC.
8. NEW ROOFING FOR GARAGE TO MATCH THE HOUSE
IN AGED REDWOOD SHINGLES
IV. BACKYARD
1. ROOFING DAMAGE TO ROOFING SHINGLES,
WOODEN STRUCTURE, WIRING, GUTTERS, DUCTWORK
2. T.V. ANTENNA FOR COMMUNICATIONS KNOCKED
DOWN BY CABLE CONTRACTOR HIRED BY THE VILLAGE OF
LOMBARD AND UNAUTHORIZED BY THE HUNG FAMILY OR
G.C. HUNG
3. SIDE ROOFING DAMAGE
4. FENCE DAMAGED BY EVA AND JOHN CARPENTER &
SONS, AS WELL AS BY INTRUDERS, TRESPASSERS
JUMPING THE FENCING POSTS WHICH ARE DAMAGED AND
SPLINTERED BY SBC TELEPHONE COMPANY AND OTHER
INTRUDERS AND CRIMINALS
5. FENCE POSTS ARE BROKEN, SPLINTERED,
KNOCKET OUT, KICKED IN
6. GRASS LAWN TRAMPLED, FLOWER BED BORDERS
DAMAGED
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