Freeman v. Town of Cave Creek

Complaint.filed.4.13.12

Bench Brief _3_

CV2013-002769-926-04022013

Dear Editors:

Enclosed please find our preliminary injunction to prevent the thinly disguised road to the Cahava Springs Development. In addition, I’ve attached the Court’s ruling precluding the Town from placing Esser on the run-off election ballot.

Our driveway is barely 8 feet wide and is hewn out of rock on the East side and an even bigger solid rock cliff with a of a 50 ft. sheer drop on the West side.  The Town plan is to put a 20 foot wide ‘trail’ right in this area.  Any blubbering fool can see this is impossible.

The Town, Cahava Springs and Sorchych have all conspired together to force this ‘trail’ for members of the ‘public’ to use as a ‘bridle trail.’  Imagine a bridle trail 20 Feet wide!  That’s more than twice as wide as the drive now stands.  And remember a two lane highway is 24 feet wide.  It’s a thinly disguised road to Cahava Springs they want and have Freeman continue to pay for the maintenance.  Even the Town’s guidelines say that riders will use the best riding surface…which will be Freeman’s driveway because there is no other place for it.

All of this is illegal.  The law says an appurtenant easement such as this one may not be used for the benefit of property other than the dominant estate which is Freeman.

How nice of them to open up the private driveway that Freeman maintains (remember Sorchych has never paid his share of maintenance even to this day) for public use and let Freeman maintain it and be liable for anyone that falls off the cliff.

Narrow passages with cars and horses are an invitation to disaster.  Sorchych’s plot to have Terry Smith create a trespass incident is proof of that.  When the mule swung into Freeman’s truck they yelled and screamed bloody murder, then lied to the police they didn’t know Freeman or that it was his own driveway. Nonsense…Smith had been there multiple times before and was clearly flaunting it in the process.

Here’s the Town Guideline 2.1.9 General Requirements: “Trails outside a public ROW shall be placed in a minimum 20’ wide Public Trail Easement….”. 

2.12.3 Vegetation Clearance states: All plant encroaching into the vegetation clearance limits…shall be cut back. Plants being removed must be cut flush with the ground and stumps must be removed to prevent safety hazards. All plants growing within the trail tread must be grubbed out.

This is their 20’ trail….incredible..isn’t it? It gets even worse…there are Four Zones in Desert Rural Property. Quoting:

The native habitat corridor or Zone A, includes the 12 feet inside of lot boundaries. It must be left alone.  That means no leaf-blowers and no trimming branches or shrubs. Even dead leave and branches play a role in the complex ecosystem.

But the Town ignores this rule as part of the trail along Freemans south boundary is entirely in this Zone!

Even worse, without a shred of due diligence, they plan to bulldoze the existing petroglyphs registered with the State in the same 20 foot path.

Isn’t it nice they can simply overlook all their own rules!

The bench brief goes on to shred the Town plans page after page just like the foregoing.  They look like a bunch of amateurs who have no clue about their own guidelines. Or maybe they don’t want the public to know. The public needs to know the illegality the Town regularly flaunts.

We could go on and on with more examples but it’s clear that they intend for this to be a road.  And guess where this trail ends?  Right on the property of Cahava Springs! To say it’s a thinly disguised plan for a road to Cahava Springs is an understatement.

It’s just another example of the Town conspiring with developer they favor and Sorchych to bully a citizen into an illegal ‘trail’ that leads to a thousand acre subdivision that Sorchych says is a fable.  Sorchych is a master prevaricator.

We know that whatever the Town wants, they conspire with the Sonoran News to denigrate, harass and intimidate those in their way for their own purposes. We can see information flows both ways between Sorchych and Usama. After all, they meet every Friday for a cigar…don’t they?  The Town’s most openly held ‘secret’.

It’s time to put an end to this incestuous and illegal conspiracy.  Vote for every challenger and send it in as soon as you get it. Ballots will be out around April 22nd.

Vote for Durkin, Monachino, Spitzer and Wright!

Sincerely,

Jerry Freeman

 

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