CAVE CREEK, AZ – Cave Creek, a suburb of Phoenix, violated Federal and State law to harm Fressadi. 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 to obtain favorable rulings that claims against Cave Creek were time barred. State Courts issued rulings in violation of the Supremacy Clause.
In 2000, Arek R. Fressadi bought land at the base of Black Mountain to build an enclave of artistic adobe homes. In 2001, Fressadi corrected comments made by Don Sorchcyh, at a Town Council Meeting. Sorchych publishes the “official” town newspaper, The Sonoran News. Don controls Cave Creek politics. Soon after, Cave Creek’s Planning Director told Fressadi to develop his property by a series of lot splits instead of a subdivision. Unbeknown to Fressadi at the time, Cordwell’s instructions were against State law and Town codes.
By failing to follow Federal law in A.R.S. §§ 9-500.12 and 9-500.13, Cave Creek required the exaction of a 25 ft. strip of land to approve the first lot split. The strip of land converted Fressadi’s survey into a non-conforming subdivision. Lots in non-conforming subdivisions are unsuitable for building and not entitled to building permits. However, Cave Creek issued sewer permits as if the lots were legally split. Cave Creek also promised to reimburse Fressadi for repairing and extending the sewer, but reneged when the sewer was completed.
Fressadi relied on information provided by Town officials, as this was his first time building in Cave Creek. “I never experienced a municipality violating Federal and State law, and its own Ordinances to harm a developer for spite. It shocks the conscience,” says Fressadi. With tenacious perseverance, he discovered in Cave Creek’s duty to provide procedural protection per A.R.S. §§ 9-500.12 and 9-500.13 in 2013. Cave Creek failed to follow due process to screw up his development, then obtain favorable rulings from State courts in violation of the Supremacy Clause.
“Cave Creek’s misconduct was caused by AMRRP and should be punished with punitive damages” says Fressadi.