CAVE CREEK, AZ – For the last 15 years, Cave Creek, a cowboy town north of Phoenix, concealed due process violations to punish property owner Arek R. Fressadi for exercising his 1st Amendment rights. By violating the Constitution, State laws, and their own town ordinances, Cave Creek and other Defendants, including Maricopa County and the State of Arizona, caused Fressadi to lose $12.5 Million or more. Adding insult to injury and in bad faith sufficient to warrant punitive damages, Arizona Municipal Risk Retention Pool (AMRRP), Cave Creek’s surety, obstructed justice by concealing material facts and law from Fressadi and the courts to obtain favorable rulings that claims against the Town were time barred. The case is now before the 9th Circuit Court of Appeals.
In 2000, Arek R. Fressadi bought land at the base of Black Mountain in Cave Creek, AZ, to build an enclave of artistic adobe homes. In 2001, at a Town Council Meeting, Fressadi publicly challenged the opinions of Don Sorchcyh, publisher of the “official” town newspaper, The Sonoran News. Don demonizes those who go against his views to influence Cave Creek politics. Soon after, Fressadi was instructed by Planning Director / Zoning Administrator Ian Cordwell (a conflict of interest to hold both positions) to create a series of lot splits instead of a subdivision because otherwise Sorchych would have a referendum against Fressadi for building a subdivision. Unbeknownst to Fressadi at the time, Cordwell’s instructions for lot splitting were against State law and Town codes.
To approve the first lot split, Cave Creek covertly requested 25 ft. strip of land be omitted from the lot split survey and later “conveyed” to the Town without proper notice or a hearing. The strip of land converted Fressadi’s lots into a non-conforming subdivision, rendering Fressadi’s property unbuildable, unusable, and rendering all permits void, a wipeout. However, Cave Creek concealed the status of his lots and continued to issue permits as if the lots were legal. They also promised to reimburse Fressadi for repairing and extending the sewer in solid bedrock that Fressadi installed to serve the Town, but reneged once it was completed.
Fressadi obtained his first contractor’s license in 1974 and has been involved in the construction of ~2,000 dwelling units. He also consulted Guam and the Department of Defense (BRAC) regarding infrastructure and operational efficiency in addition to ENR 400 contractors. Knowing that every municipality has their own set of rules, Fressadi relied on information provided by Town officials, as this was his first time building in Cave Creek. “In my entire career, I have never experienced a municipality violating its own Ordinances and State statutes by concealing due process violations. It shocks the conscience,” says Fressadi. With dogged determination, Fressadi finally discovered in 2013 that Cave Creek had concealed its failure to follow due process as codified in A.R.S. §§ 9-500.12 and 9-500.13 to screw up his development; then obtain favorable rulings from State courts by committing fraud on the court.
“Cave Creek’s corruption, incompetence, and inefficiency are promulgated by AMRRP, and should be punished with punitive damages” says Fressadi. I think appropriate punitive damages for 15 years of violations and racketeering schemes would be a minimum of $100 Million, but if the Town’s 2003 Zoning Violation fine rate is an appropriate metric, then the amount is $1.5 Billion. That should teach Cave Creek to follow the law and stop stealing property. Never again.”