An Editorial by Jerry Freeman
The Sonoran News, in collusion with the Town of Cave Creek, doesn’t want you to know the legal status of the injunction granted by the courts to Freeman’s regarding this trail.
Another co-conspirator and hand puppet for Don Sorchych’s Sonoran News and the Town is doing their dirty work. On Feb. 17th the pathetic and ever confused Tom McGuire wrote in a letter to the editor:
Another important connection has been in litigation for years. This is a trail connection east and west near Morningstar Road. Some of our residents have unofficially used it for may (sic) years, but were more recently blocked from access. Trail users (hikers, equestrians and mountain bike) have waited for this connection for a long time and our lawyers have now announced that the town may proceed with a variety of legal requirements.
McGuire is a bold faced, flat out mentally medicated liar! It’s an admission of outrageous and illegal trespass on my private drive.
He says residents have used it ‘unofficially’ for years. That’s an outright lie! There was NO ACCESS TO MY PROPERTY UNTIL I BUILT MY PRIVATE DRIVEWAY.
It was an inaccessible cliff not passable. No animal, not even a horse could climb that cliff!
I built it. It’s my private drive and I have and will vigorously defend my private property. I’ve personally served many notices of Trespass with full intent to prosecute to any I find on my private driveway. And I will continue to do so.
Arizona law is clear! No one, not even an easement owner can grant any 3rd party the right to use an easement other than to come to his residence as personal or business invitee. Arizona: DND Neffson vs. Galleria Partners.
Secondly, even worse, is the dippy statement by McGuire that the Town may “proceed.” That’s pure unadulterated BS!
This case is not over…far from it! Reply Brief – final
The Arizona Appellate Court has accepted this case for review and granted Oral Argument on its merits. This link will give you the facts the Town and Sorchych’s News doesn’t want you to know.
The lower court judge made an absurd ruling that ‘We must all share the earth’. Nowhere in earth’s recorded history is there anything even close to this as law for property owners. And you better hope there never is. It means you have to ‘share’ your property with the world. It seems to me that’s why they call it a lower court. It’s about as low thinking as one could get.
What very few know is the cost of this ½ mile of trail is now OVER $500,000. In a previous editorial the cost for legal fees was $386,750 and climbing. Now I find that the cost to construct this a trail over a 50’ cliff is even more than I thought!
I estimated it at $100,000. Now I find out the Town has budgeted an incredible $160,000 to build this ‘trail’!
This Council and its Sorchych Sycophants are blowing your tax money like drunks on a Saturday night. And it’s far from over. The Appellate Court costs for lawyers are significantly more; all this for a trail off a cliff. That’s why it’s so expensive….it’s a 50 foot cliff!
As if to mislead the citizens, still Sorchych rails about a $10K tin statue of a horse but eats with gusto $1,000,000 for this trail and a payoff to the former Town manager.
They can’t even repair the roads that are deteriorating but they can spend over $500,000 to make a stupid trail off a 50 cliff!
No current council member deserves to be re-elected with the record they’ve made. You should reject anyone that Sorchych ‘fluff’s up’. You can bet any one he fluffs is in his court. Not a single person he supports is good for Cave Creek!
Remember this when you cast your ballot at the August election and vote these fools out. Choose who you vote for carefully because this Town is recklessly spending itself into bankruptcy.