Vacate

21F-H2121050-REL · Department of Real Estate - H/C · 2021-06-25

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Thomas P. McVay,

Petitioner,

vs.

Scottsdale Mountain Community Association,

Respondent.

No. 21F-H2121050-REL

ORDER VACATING

HEARING

The undersigned Administrative Law Judge having reviewed the document Motion for Judgment on the Pleadings as filed by Respondent on June 21, 2021, hereby issued the following Order:

Respondent’s motion to dismiss the related petition with prejudice is granted, in part. Pursuant to Ariz. Admin. Code R2-19-111(4), as the underlying petition fails to allege a violation of a specific statute or community document under the regulatory authority of the Arizona Department of Real Estate (“Department”), this matter is hereby vacated from the calendar of the Office of Administrative Hearings, without prejudice. The matter is remanded to the Department for further action, if any.

Respondent’s request for a “judgment as a matter of law” in its favor is denied.

Done this day, June 25, 2021.

Office of Administrative Hearings

/s/ Jenna Clark

Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile June 25, 2021 to:

Judy Lowe, Commissioner

Arizona Department of Real Estate

100 N. 15th Avenue, Suite 201

Phoenix, Arizona 85007

[email redacted]

Thomas McVay, Esq., Petitioner

13827 E. Paradise Ln.

Scottsdale, AZ 85259

[email redacted]

Scottsdale Mountain Community Association

c/o Allison Preston, Esq. & Timothy Butterfield, Esq.

Carpenter, Hazelwood, Delgado & Bolen LLP, Counsel for Respondent

1400 E. Southern Ave. Ste. 400

Tempe, AZ 85282

[email redacted]

[email redacted]

By c. serrano