September 23, 2013
Dear Editor: The Town knows that it can correct a mistake of law at any time. This is well settled case law. So Cave Creek converted my lot split into an unlawful subdivision then issued permits for driveways and sewer to make it appear as though the lot split was valid. Usama agreed to reimburse me for the sewer. He even had Mariscal Weeks send me a development agreement to draft the reimbursement agreement. But in bad faith, Usama reneged. Sub-dividers are responsible for installing infrastructure to subdivisions. Unlawful subdivisions are not entitled to building permits per Section 6.3(A) of the Subdivision Ordinance, and per Section 1.4 of the Zoning Ordinance, permits issued in violation of provisions of the ordinance are void.
Cave Creek thought I was in cahoots with Keith Vertes. Keith’s application for a lot split of adjoining parcel 211-10-003 was converted into an unlawful subdivision just like my lot split of parcel 211-10-010. The Town also required that Keith’s lots connect to my sewer.
Thinking our lot splits valid, I entered into a reciprocal easement agreement with Vertes for access and utilities to serve our adjoining lots but Vertes committed fraud. He claimed that his lots were owned by GV Group LLC when GV Group did not exist. Vertes and his partner Golec sold lot 211-10-003A just the day before Vertes signed the reciprocal easement agreement with me.
The Town issued building permits for homes on lots 211-10-003 A, B, & C using access from the reciprocal easement agreement even though the Town knew that Vertes had committed fraud. The permits issued for the homes on lots 211-10-003 A, B, & C violated the hillside ordinance. Ian admits that he made lots of “mistakes.” The Town granted variances for the houses even though the “hardship” was self-imposed, and the issuance of permits were void since the lots violated the subdivision and zoning ordinance. Ian conveniently forgot to share with the Board of Adjustment the plans for the houses indicating that he had approved the construction of homes in violation of the hillside ordinance.
Given that Usama was NOT even an American citizen until years AFTER he became the Town Manager, it’s highly unlikely that Usama would have the skills to design such a sinister plan. Sorchych worked with Gary Birnbaum of Mariscal Weeks so the Town could acquire Spur Cross Ranch. Birnbaum cut his teeth in land deals working for the infamous crook, Charlie Keating. The cost of acquiring Spur Cross tripled with the involvement of Birnbaum and Sorchych.
A preponderance of evidence suggests that Mariscal Weeks advised Usama and Ian on how to convert the lot splits into unlawful subdivisions and then issue permits where the Town could correct is mistakes of law and cause financial havoc to a small builder. But I stopped building and started litigating so the Town committed fraud on the court to obfuscate their misconduct and wrong doing. By failing to follow A.R.S. §§ 9-500.13 and 9-500.12, the Town was able to perpetrate and conceal its fraudulent scheme.
In addition violating the Fifth and Fourteenth Amendments, committing theft is a RICO crime. A preponderance of evidence is all that is necessary to prove a RICO conspiracy under Arizona statutes. See http://www.fressadi.com/blog/?p=233 for an explanation of how the Sonoran News casting me in a false light in concert with the Town aids my RICO claims.
Sincerely, Arek Fressadi