Horse Trails and General Plans Malfeasance, Misfeasance and Misleading the Public

 A Sonoran Truth Guest Editorial by GC Freeman, September 7, 2013

In Sorchych’s Guest Editorial of Sept. 4, 2013 Steve LaMar questions why the Cave Creek “Council won’t fight for the General Plan Trails”.  The question is grossly misleading.

Let’s look at facts instead of innuendo. First, what is a General Plan?

A General Plan is a long term planning document adopted by municipalities as a guideline for development. All land use decisions must be consistent with the General plan and follow the law…..all aspects of it.

LaMar’s opening statement that the completion of the “trail system in Cave Creek is the main component of our rural lifestyle” conflicts with fundamental property rights protected by the Arizona and United States Constitution.

In LaMar’s mind, the Town’s taking of property for a trail TRUMPS individual property rights. Under Usama and Francia, Cave Creek has been taking property in violation of State and Federal law in Cave Creek for over a decade. LaMar’s assertion that the trail system “should be moved forward for the good of the Citizens of Cave Creek” tramples on every citizens property rights. 

LaMar takes this giant leap to tread on property rights to justify a trail that goes to nowhere. The General Plan for trails was constructed out of thin air by the Director of Planning and Zoning Dept. Ian Cordwell and full time trail planner Bambi Muller. 

Did you know that our Town of only 3,586 voters has a full time Trail Planner?

Why do we have a full time Trail Planner when the Town is $60 MILLION in debt? 

What’s worse is that their work is incompetent. The proposed “trail” they show on the General Trail Plan goes right through the middle of my home.

Then it continues on to my neighbor to the west and goes right through the middle of his horse barn.

Bambi and Ian won’t say where the trail goes once it starts West from Morning Star after about a mile. We’ve repeatedly asked and they haughtily say “It’s not your business”.

Other ‘Trails’ shown as an existing trail go right through the middle of a commissioners house. 

Can you imagine people showing up on your private property demanding the “right” to use a trail through your house?  The Sonoran News used this exact example in the last election but misled people with a half-truth by not telling them it was through a citizen’s home.  

Who knows how many residences on the “Trail General Plan” have a trail right through their house? I cringe when I hear the council laud this “Staff” for their excellent work. It’s not excellent. In the private sector, they’d be fired.  It’s downright malfeasance by the Town staff.

How would you like it if some Town bureaucrat “decided” a trail should go through your house and then take your driveway to boot to be a public trail?

You can look at the plan for yourself. Here’s the link:

http://www.garymaygroup.com/wp-content/uploads/2009/12/Cave-Creek-Land-Use-Map.pdf

LaMar doesn’t name me but everyone that follows Town events knows I went to court, presented my case and was awarded a Restraining Order based on the merits of the case.

Here’s why I was granted that Restraining Order:

On Feb. 28, 2012, I observed workers destroying professional landscaping and water lines while grubbing for a ‘horse trail’ along Morning Star Road.  

Take note here; there is no need for this trail….Morning Star is a dirt road. I asked the contractor about his intended route.

The Town Contractor said he was instructed by Muller to use my private driveway to my crossing of Cave Creek (3/8’s of a mile). Then use my crossing and continue (on my driveway) to a point that veer off into virgin desert. 

I called Bambi Muller to inquire about the Town Trail Plan and she offered to show me the route but when she saw me coming, she ran to her truck and drove away….and fast! Muller lied to me saying her horse trail project went on Reed’s property. But she was caught in a red handed lie because the surveyors had laid it out and marked it exactly on my driveway.

The Town wanted to make it a public park and have me pay for the maintenance of the road and be liable in case of accidents; accidents that are bound to happen because my narrow driveway is incompatible with horse and vehicle traffic.

The Town paid for all the expenses for this trail on behalf of Cahava Springs.  They paid thousands of dollars for “cultural resource” studies, land surveys (also in the thousands) attorney fees (in the tens of thousands) and was set to pay a huge fee for a “Geotechnical Survey.

I brought this to the attention of council members who correctly questioned why the former Town Manager Usama Abujbarah authorized spending Town money for Cahava Spring’s 20 foot wide ‘Horse Trail.’ Why would the Town spend your tax money for Cahava Springs?  For the “good of the Citizens of Cave Creek” as Lamar says?

Or is this a more serious legal question? Did Usama, La Mar and others conspire to take property for a horse trail in collusion with Don Sorchych, owner and publisher of the Sonoran News? Did Usama authorize the Town to foot the bill for Cahava Springs ‘horse trail’ to satisfy Sorchych? 

Did Usama breach my property rights to harass me as a way to show his loyalty to Sorchych and protect Usama’s employment as the Town Manager? Is this why the Sonoran News prints the misleading statements and half-truths of Lamar?

In my opinion, this is exactly what happened.

The current council is correct to question why Usama authorized paying for Cahava Spring’s projects. But the real question is why the previous Town Council (including LaMar) allowed Usama to try to take my property “for the good of the citizens”? 

Every citizen should stand up to prevent this kind of property theft. The Town conspired with Sorchych on the fraudulent gift of land when LaMar was on the council and I exposed their fraud. Every citizen should do the same.  

We will not be bulldozed by the Town for the “good of the citizens of Cave Creek.”

For the record, I own, ride and train several of my own horses.  I’ve owned horses for over 50 years (since 1960) and rode bareback back in the 1950’s.     

LaMar says he ‘loves’ Cave Creek, but Steve’s love involves stealing your land and trampling your rights. He’s a socialist who thinks he is entitled to decide what is “good for the citizens of Cave Creek” even if it means taking your land. That’s exactly what socialism is.

No thanks Steve.  The people had it exactly right to kick you off the council.

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