PDF copy: Vacate

25F-H086-REL · Department of Real Estate - H/C · 2026-02-24

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In the Matter of: No. 25F-H086-REL Stephen Caponey, ORDER VACATING HEARING Petitioner, v. Vanderbilt Farms Marana Homeowners Association,

Respondent.

On February 11, 2026, the parties filed a JOINT MOTION TO VACATE with the Office of Administrative Hearings in which the parties advised they had reached a settlement of all outstanding issues in this matter and a hearing would not be necessary. Per Arizona Revised Statutes 32-2199.01(A) states in pertinent part, “[O]n dismissal of a petition at the request of the petitioner before a hearing is scheduled or by stipulation of the parties before a hearing is scheduled, the filing fee shall be refunded to the petitioner. This Tribunal does not have the authority to order the Petitioner’s filing fee returned. This Tribunal sent a communication regarding the inability to reimburse the filing fee and for the parties to provide a response by February 17, 2026. At this time, no response has been received. Thus, sufficient cause appearing, IT IS HEREBY ORDERED that the hearing in this matter is vacated and dismissed with prejudice from the calendar of the Office of Administrative Hearings. IT IS FURTHER ORDERED remanding this matter to the Arizona Department of Real Estate for further action. Done this day, February 11, 2026. /s/ Nicole Robinson Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile to:

Susan Nicolson, Commissioner Arizona Department of Real Estate 100 N. 15th Avenue, Suite 201 Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826 Phoenix, Arizona 85007 [email redacted] [email redacted] [email redacted] [email redacted] [email redacted] [email redacted] [email redacted] Stephen Caponey 11747 W Vanderbilt Farms Way Marana AZ 85653 [email redacted]

Mark Sahl, Esq Tessa Knueppel, Esq. CHDB Law 1400 E Southern Ave Ste 400 Tempe, AZ 85282 [email redacted] [email redacted]

By: OAH Staff