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The Royal Rulers of Tempe want to steal that valuable land next to Tempe Town Toilet. I think they call it by the name of Tempe Town Lake.
Lake, toilet, it's pretty much la misma!!!! Time to throw these royal *ssholes and crooks on the Tempe City Council out of office. Mark Mitchell, Mayor
Tempe files lawsuit to eject longtime squatter from land near city's downtown Richard Ruelas, The Republic | azcentral.com 12:49 p.m. MST August 2, 2016 Tempe has asked for a court order to evict a man from valuable land near the city's downtown, property the man has claimed is rightfully his because his family has lived there for more than a century. That man, Steve Sussex, 76, has waged an unsuccessful, decade-long court battle to stay on the 1.75 acre parcel nestled next to the light-rail tracks and near pricey condos, apartments and busy eateries. In his court battles, Sussex has asserted squatters' rights, legally known as adverse possession. He said he gained title to the land because he and his ancestors lived on the property and no one took timely action to evict them. Sussex’s arguments have not won in court. He lost a battle with the state of Arizona in 2005 for one section of the parcel. And, in February, he lost his fight with Tempe over the remaining parcel. A Maricopa County Superior Court judge ruled he had no rightful claim to the land. Sussex filed an appeal in the case against Tempe in April. In May, the city filed a complaint with the court asking for an “ejectment,” essentially requesting that the court order the Sussex family off the land. The action was filed against both Stephen Sussex and his wife, Virginia. The couple received notice of the action in June. Historic adobe home on property The land in question provides a microcosm of Tempe history. On it is a historic adobe home where Sussex’s great-grandfather lived beginning in 1892, back when the area was largely agricultural and people crossed the flowing Salt River by ferryboat. It also contains an ever-changing collection of vehicles curated by Sussex, a self-proclaimed “junker.” It is a throwback to what the area looked like after dams made the adjoining Salt River bed dry and an eyesore, and before a portion of it was filled with water in the late 1990s and called Tempe Town Lake, a project that spurred development in the area. The attorney for the Sussexes, Jack Wilenchik, said he had been talking with the city about a negotiated ending to this dispute when his clients were served the papers in June. “That came as, frankly, a surprise,” he said. Counterclaim filed against city Wilenchik responded to the city’s lawsuit in early July, adding on a counterclaim against Tempe. The counterclaim argued that Tempe never had a proper title to the land. It also says the city needs to pay the Sussex family for the value of the adobe house. “Even if the Sussexes don’t have title to the land,” Wilenchik said, “they own that home.” Tempe last week filed a motion to dismiss the counterclaim, arguing the question of the city’s title was settled by the Superior Court earlier this year. It also said that Sussex did not file a required bond with his appeal that would have prevented the city from taking action. The city did not specifically address the question of paying for the adobe home. Wilenchik said he has a few weeks to respond to the city’s motion to dismiss. No hearing date has been set. Judge Karen Mullins, who has been assigned the case, has not scheduled any hearings. She could issue a ruling without one. If the judge grants the city’s request, the order would command the Sussexes to leave the property and take all of their possessions, said Don Miner, an attorney with Fennemore Craig who specializes in real-estate law. Miner is not involved in this case. Miner said that an ejection order could be enforced by the Sheriff’s Office. If the Sussexes don’t vacate, they would be in contempt of court and subject to arrest, Miner said. Miner said the city, which already has court rulings showing it has a clear title to the land, might have filed this action to give the couple one final warning. “One of the things a city doesn’t want to do is appear heavy-handed,” Miner said. Hoping for an arrangement Sussex does not live on the land. He lives at another home in Tempe. But he has allowed relatives to stay in the home he built, a modern addition incorporating the original adobe structure. Every so often, someone also stays in one of the vehicles — a camper or a bus — parked on the land. In recent weeks, Sussex has flown a large U.S. flag, affixed to a large pole, over the industrial detrius. Wilenchik said he was hoping to talk to the city about an arrangement that would benefit both the city and his clients. In a July 6 letter to the city’s attorney, he suggested a lease long enough to outlast Sussex’s life. After which, he said, the land would be owned by Tempe. “We would like to reach a solution to this with the city, if they are willing to have that talk,” Wilenchik said. “I’m not getting calls returned. I’m not getting a response to my letter.” |