FRESSADI’s RICO COMPLAINT

Dear Editors of the Sonoran Truth:

Please be advised that my Special Action, LC2014-000206 was removed to Federal District Court and is now case 2:14-cv-01231-DJH.

In a nutshell, Cave Creek via Cordwell and Wayne Anderson converted my application for a lot split into an unlawful subdivision rendering the lots landlocked, unsuitable for building and unsalable.

Nonetheless, Usama agreed to reimburse me for repairing and extending 1000 feet of sewer in solid Black Mountain bedrock but reneged and concealed that the Town had converted my property into an unlawful subdivision such that the permits issued for the sewer were void. Usama allowed the sewer to be built by requiring easements through Anderson and then when it was finished, the Town claimed that THEY owned it.

I assumed that when the Town issued a permit, it created a vested right for the entitlement, which is not true.

Next the Town approved a lot split adjacent to my land which in fact, was another unlawful subdivision.

Not only did the Town issue building permits for three houses, but permitted the houses with access and utilities, especially sewer, from my property.

All void permits. All ultra vires improvements.

At no time in the last 13 years has the Town complied with the requirements of ARS 9-500.12 and 9-500.13.

Instead, the Town through its insurance company, AMRRP and its attorneys Jeff Murray for AMRRP and Mariscal Weeks, concealed material facts and law in order to obtain favorable judgments.

This is known as fraud on the court, and judgments obtained by committing fraud on the court can be set aside at any time as they are void.

I am suing the Town and its state actors under a variety of claims including RICO which makes me a Private Attorney General.

It is my contention that I lost approx. $12.5 Million due to the crimes committed by the Town and it state actors.

RICO affords treble damages.

I am also seeking delay and punitive damages based on the Town’s Zoning Ordinance effective at the time, a potential liability in excess of $1 Billion.

Since this fraudulent scheme to control and convert my property is in excess of $100,000, Arizona state law requires mandatory jail time for the perpetrators.

Although Usama and Sorchych provided the limbic / reptilian incentive for this scam a host of Town employees and officials acted in concert.

It is my contention that the architect of this scheme required the subtle cleverness of a skilled attorney—someone who had experience in doing fraudulent land deals, like Gary Birnbaum did for Charlie Keating 30+ years ago.

Gary, Vince, and Sorchych all worked together to bring us Spur Cross at almost four times the cost it was originally on the market for sale.

You connect the dots.

Don recently talked about a number of lawsuits but failed to mention mine and that he, his wife, his corporation, and his sidekick Bentley are all defendants for painting me and my family in a false light.

I would ask the support and assistance of the community as I move forward to rid the Town of this plague that has caused so much suffering in the community. It’s taken me over 13 years to figure out what they did and who conspired with the original perpetrators.

Suffice to say, they picked the wrong fight with the wrong man.

Arek Fressadi

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