A Sonoran Truth Editorial, May 3, 2014
In a stunning move this week, Arek Fressadi filed a Special Action Complaint against Cave Creek, the Town’s insurance carrier, and Sorchych insinuating that Don’s recall movement is another act of racketeering per Arizona’s RICO laws.
Here are the summons: cave creek summons
Fressadi seeks declaratory relief that the Town failed to follow US Supreme Court rulings and due process as codified in ARS 9-500.12 and 9-500.13. Cave Creek required the creation of a fourth lot to split his land, and the dedication of easements for permits.
The requirement of a fourth lot converted his lot split into a subdivision that did not conform with the Town’s Subdivision Ordinance or state subdivision statutes as codified in ARS 9-463 et seq.
Requiring a fourth lot also land locked the building lots. Lots that do not conform to the Town’s Subdivision Ordinance are unsuitable for building and not entitled to permits. Nonetheless, Cave Creek issued permits, knowing that large sums of money would be spent on improvements. Permits issued in violation of the zoning ordinance are void and are without any vested right, such that the improvements are unlawful and must be vacated per the Town’s Zoning Ordinance. the Town’s Subdivision Ordinance is incorporated into the Town’s Zoning Ordinance.
Fressadi alleges that Cave Creek officials, employees and Town attorneys worked in concert with Sorchych and Bentley as part of a fraudulent scheme to control and convert Fressadi’s property to harm Fressadi and his business.
In a letter to the Town Manager, Fressadi explained how Sorchych instigated the recall process to reinstall Usama so that their racketeering remained concealed. And for good reason. Fraudulent schemes and controlling and converting property are felonies that require mandatory jail time.
Given that Mariscal Weeks was complicit in Fressadi’s land grab, it makes sense why Mariscal Weeks would drag its feet in Usama’s lawsuit against the Town as Mariscal Weeks helped Usama pull off some of his dastardly deeds.
But the real clincher is fraud on the court. Cave Creek’s insurance provider hired Jeffrey Murray to represent the Town in previous lawsuits filed by Fressadi and concealed from the court that the Town had not complied with US Supreme Court rulings and due process as required by ARS 9-500.12 and 9-500.13 in order to obtain favorable judgments. Judgments obtained by fraud on the court are void, but Fressadi is seeking RICO resolution against AMRRP and Murray—that concealing the Town’s failure to comply with ARS 9-500.12 and 9-500.13 was part of their fraudulent scheme to control and convert Fressadi’s property and harm his business.
It worked too. Cave Creek successfully argued statute of limitations to take improvements based on subdivision. But the permits were issued based on the lots being split, as the subdivision is unlawful and unlawful subdivisions are not entitled to permits.
The Truth wonders how many other Cave Creek citizens have been screwed in similar fashion? The consent agenda is filled with Deeds of Gift to the town of land all granted presumably for entitlements but “gifted” so that the Town can fraudulently circumvent the requirements of ARS 9-500.12 and 9-500.13. AMRRP offers “free advice” to municipalities to address sticky land issues. The Truth wonders how many other Towns represented by Mariscal Weeks and insured by AMRRP are circumventing US Supreme Court rulings and due process in similar fashion?