VACATE
01F-022-LAN · State Land Department · 2001-08-17
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
|IN THE MATTER OF: | |No. 01F-022-LAN | |CERTIFICATE OF PURCHASE | | | |NO. 53-98984 | | | | | |ORDER DENYING MOTION TO CONTINUE AND| |INSTALLMENT PAYMENT | | | |NOS. 5, 6, 7, 8, 9 | |ORDER VACATING HEARING | |DEFAULT AND FORFEITURE | | | | | | | |APPELLANTS: DIANE M. KOMICK aka | | | |DIANE M. WILDFANG, | | | |and KIRK A. KOMICK | | | | | | |
The Office of Administrative Hearings has received a request from the Appellants, through counsel, to continue the hearing set for August 23, 2001 to allow for additional time to arrange financing for the payment of the delinquent installments and default interest at issue. Counsel for the State Land Department does not object to the request because the parties are close to reaching a settlement. Upon review and consideration of the request to continue and lack of opposition to it since settlement appears imminent, it is determined that it would be more appropriate to vacate the hearing, pursuant to the provisions of A.A.C.R2-19-111(4), and return this matter to the State Land Department for the purpose of informal disposition rather than to continue the hearing pending a possible resolution. If the settlement negotiations cannot be amicably resolved, then this matter may be resubmitted to the Office of Administrative Hearings for hearing, unless otherwise barred by law. In view of the foregoing, IT IS ORDERED that the motion to continue be denied. IT IS FURTHER ORDERED that the hearing set for August 23, 2001 be vacated from the calendar of the Office of Administrative Hearings, and that this matter be remanded to the State Land Department for informal disposition. … … … …
Done this day, August 17, 2001.
_________________________________ Brian Brendan Tully Administrative Law Judge
Copy transmitted by mail/fax this _____ day of _________, 2001, to:
Michael E. Anable, Director State Land Department ATTN: Roz Sedillo 1616 West Adams Phoenix, AZ 85007
Diane M Wildfang Kirk A Komick Rochester Hotel 721 East Second Avenue Durango, CO 81301
Shawn Tobin, Esq. Withey, Tobin, Anderson & Morris 3101 North Central Avenue Suite 1690 Phoenix, AZ 85012-2615 FAX NO.: 602.2121787
Marc A. D’Amore, Esq. Assistant Attorney General Office of the Attorney General Natural Resources Section 1275 West Washington Phoenix, AZ 85007-2997 FAX NO.: 602.955.3207
By _______________________________
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Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826