Vacate

23F-H005-REL · Department of Real Estate - H/C · 2022-10-03

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In the Matter of

Burl & Nadine Leo

Petitioners

v.

Spanish Oaks Homeowners Association

Respondent

No. 23F-H005-REL

ORDER VACATING

HEARING

Pending before the Office of Administrative Hearings is Respondent Spanish Oaks Homeowners Association’s Motion to Dismiss (Motion). The Motion alleged that, because the Petition was based on Respondent’s installation of a fountain in the lake neighboring Petitioners’ property and the fountain was removed by Respondent, the Petition should be dismissed as moot. Petitioners were advised they had until September 28, 2022, to file a response. To date, no response has been received by the Office of Administrative Hearings. Having reviewed the Motion and lack of response, good cause exists to dismiss the Petition as moot.

ORDER

IT IS ORDERED that Petitioner’s petition is dismissed. The hearing in this matter is vacated from the calendar of the Office of Administrative Hearings.

NOTICE

Pursuant to A.R.S. §32-2199.02(B), this Order is binding on the parties unless a rehearing is granted pursuant to A.R.S. § 32-2199.04. Pursuant to A.R.S. § 41-1092.09, a request for rehearing in this matter must be filed with the Commissioner of the Department of Real Estate within 30 days of the service of this Order upon the parties.

Done this day, October 3, 2022.

/s/ Tammy L. Eigenheer

Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile October 3, 2022 to:

Louis Dettorre, Commissioner

Arizona Department of Real Estate

100 N. 15th Avenue, Suite 201

Phoenix, Arizona 85007

Attn:

[email redacted]

[email redacted]

[email redacted]

[email redacted]

Burl & Nadine Leo

[email redacted]

Tessa Hustead, Esq

Carpenter Hazlewood Delgado & Bolen, LLP

c/o Spanish Oaks Homeowners Association

[email redacted]

[email redacted]

By Miranda Alvarez

Legal Secretary