Vol. 2, No. 10
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Mar. 15, 2005
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CRIMINAL DEFENSE |
COPYWRITING
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Federal Suit Filed To Stop Reno ReTrac Project
Claims Of Denial Of Civil Rights; Federal And State RICO Violations
by Johnny Gunn
Former Reno city council candidate Guy Zewadski filed suit in federal court, a suit that might halt the $250 million project to lower the railroad tracks through downtown Reno. In his suit, he is claiming several violations of the 14th Amendment to the Constitution, at least one violation of the 5th Amendment, and several violations of federal and state regulations dealing with organized criminal conspiracy (RICO) laws.
Of primary concern to Zewadski is the concept of a special assessment district set aside to help pay the cost of the project, one that in essence is of benefit to the community as a whole, but is paid for by a limited number of property owners. "This is a violation of the 14th amendment," he says, "and violates my civil rights."
The suit filed on March 24 names elected officials of the city of Reno, employees of the city, and consulting firms, and the Union Pacific Railroad. "At issue," says Zewadski, "is Reno ordinance 4932. That ordinance is unconstitutional." Zewadski also claims that City ordinance 5668 is unconstitutional.
The City of Reno has been driving a 2.2 mile trench through the heart of the city, they say it is about half way complete, and created special assessment districts to help fund the project. Zewadski is claiming those special tax districts are unconstitutional. The city recently sent bills to those living or holding businesses within the district, and placing liens on the various properties, including property held by Zewadski.
While property owners are responsible for the liens, often it's the tenants that renting or leasing the property that pays the tax, by way of higher rent. Sometimes this is overlooked in transactions, that the person using a property might not actually be the owner, but through rent and lease payments, pays the taxes.
It isn't clear whether the suit is attempting to stop the project from continuing, but Zewadski told The Nevada Observer he is looking to halt the progression of illegal special assessment districts, in particular the one dealing with the lowering of railroad tracks through Reno.
In his suit, Zewadski points out that fraud may have played a part in the contracts between the city, consultants, and UP Railroad. "This is a violation of federal and state conspiracy to commit crimes. That is, RICO laws." He claims some documents have been altered from their original form, and that all the parties were involved in the alterations.
Zewadski filed the suit as a citizen. He is not an attorney, but is retired from UP Railroad where he worked for many years as a train engineer. He has a condominium in the Arlington Towers and has received his lien notice from the city regarding the special assessment district. His portion of the $225 million project comes to slightly more than $800.
While arguments are raging over special assessment districts that are tax districts, the current session of the Legislature is looking at AB 231, a bill that would require local governments to construct, maintain, inspect, reconstruct, or repair sidewalks within one of mile of a public school if they will likely be used by school children. AB 231 would impose a special assessment on the real property owners to cover the costs.
The Nevada Taxpayers Association (NTA) says, "As written, this will become an unfunded mandate on property owners who would have to pay for these sidewalks." NTA believes the state should assume such costs under such a mandate.
See the Opinion piece in this issue (click here).
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