BY LINDA BENTLEY | DECEMBER 29, 2010
Fressadi continues rampage against town
‘Given the criminal nature of the malfeasance, I am formally requesting a criminal investigation …’
CAVE CREEK – The day after Christmas, Arek Fressadi penned a letter to Board of Adjustment Chair Fred Mueller alleging the town had issued fraudulent variances to the property owners adjacent to his School House Road property, which is currently in judicial foreclosure proceedings.
Fressadi complained the comments in the draft minutes from the Nov. 16, 2010 hearing did not include his letter to Mueller dated Nov. 14 and said his comments were not in conformance with his written notes.
He wrote, “To correct the public record, I will record this letter with the Maricopa County Recorder.”
Fressadi holds fast that once he rescinded his driveway maintenance agreements with the adjacent property owners, the town should have voided their building permits.
However, Fressadi stated, “Rather than void the permits, pursuant to A.R.S. § 13-2310 the town potentially consisting of the town manager, the zoning administrator and/or the board of adjustment conspired with the applicants in fraudulent schemes to defraud and knowingly obtain benefit by false or fraudulent pretenses, representations, promises or material omissions, which is a class 2 felony.”
Claiming the benefit to the applicants exceeded $100,000, Fressadi stated, “It appears that the crimes are aggravated and the town’s attorneys may be complicit in the fraudulent scheme.”
Fressadi held the adjacent property owners hostage to a driveway maintenance agreement, which he later rescinded. He then physically blocked their access to their properties.
Fressadi told the board of adjustment he did so with the expectation they would have to enter into a settlement agreement with him.
The property owners instead bladed themselves new access to their properties, which did not include Fressadi’s property, and then requested and were granted variances for the additional lot disturbance.
However, according to Fressadi, granting the variances violated both state statute and town ordinances, as he claims, “[T]he permits are illegally based off of access of my property and the town and the applicants have unlawfully circumvented a condition of approval in the plan review process (proper access) through the application and grant of variance.”
In other words, Fressadi no longer had any leverage to coerce his neighbors into paying him some sort of settlement in order to have access to their properties.
Those same property owners made it quite clear during the November board of adjustment meeting they did not want to be in any way involved with Fressadi.
Fressadi concluded his letter by stating, “Given the criminal nature of the malfeasance, I am formally requesting a criminal investigation through the Maricopa County Sheriff’s department on white collar crime, the office of the county attorney and the office of the attorney general of the state of Arizona. It would be prudent for the board to reverse and remand its grants of variance to lots 211-10-003 B & C Sua Sponte Nunc Pro Tunc.”
Fressadi, who has filed numerous lawsuits on his own behalf against the town and his neighbors, continues to lose case after case.
One superior court judge called Fressadi’s conduct “abhorrent to the rule of law.”
Because he has been unable to get any court to side with his arguments in civil actions, Fressadi has resorted to this novel approach to try to get criminal charges levied against the town and its staff.
While Fressadi has spent the aftermath of Christmas accusing the town of criminal activity, oral arguments are scheduled for Jan. 3 on M & I Marshall and Ilsley Bank’s motion for summary judgment against Fressadi in the foreclosure proceeding against his School House Road property, as it awaits a decision from Superior Court Judge John Rea, who took M&I’s motion to dismiss Fressadi’s counterclaim under advisement on Dec. 13.