Lawsuits de Fressadi

By Linda Bentley | March 25, 2009

Town sued for allowing adjacent property owners sewer hook-ups

FressadiCAVE CREEK – Several years ago, Arek Fressadi (right) was attempting to create a subdivision, which he initially advertised as “Casas de Fressadi,” in the vicinity of School House and Military roads. Without going through the proper procedures, he installed approximately 1,000 feet of eight-inch sewer line “in hard dig conditions, encased in concrete to prevent scouring through washes pursuant to Cave Creek Permit Numbers 02-256, 02-260, 02-263 and 02-031 …”

Fressadi filed a lawsuit on Feb. 17 in which he accuses the town of permitting adjacent property owners to connect to the sewer line “without any right to do so.”

Alleging the town is in violation of Town Code 50.016 by refusing to enter into a repayment agreement to reimburse him for the cost of constructing the sewer line, Fressadi claims, absent such an agreement, the town has no right to grant connection rights or to collect connection charges or sewer fees.

“In other words,” Fressadi stated, “the town and the other named defendants (James and Jocelyn Kremer, Michael Golic and Real Estate Equity Lending, Inc.) cannot reap the benefits of the sewer line and simultaneously refuse to reimburse plaintiff the costs of installing the line.”

According to Town Manager Usama Abujbarah, the town has never entered into a repayment agreement with anyone and that is something the town has no intention doing.
The permit numbers all indicate the sewer lines were installed in 2002, in which case, if Fressadi had a bone to pick with the town over this issue, it would appear he should have done so several years ago.

Fressadi is basically asking the town to reimburse him for money it has no obligation to collect on his behalf.

Planning Director Ian Cordwell said the town has received letters from Fressadi regarding this issue but no notice of claim, a requirement in Arizona prior to suing a municipal subdivision.

About two weeks ago, Cordwell and Trails Coordinator Bambi Muller were staking a trail along School House Road when they saw people putting up a horse corral on Fressadi’s property.

Cordwell said he greeted them and asked what they were doing. They said they were renting from Fressadi, who told them he would sign a variance application, indicating it would be no problem for them to bring their horses on the property.

Cordwell said he informed them the zoning neither allows for horses nor qualifies for a variance and told them where they could keep their horses in town.

Fresadi is also involved in a separate lawsuit he filed in 2006 against Michael Golic, Keith Vertes and their company GV Group, which is progressing to trial.