ALJDEC

98F-C978228-BFS · Department of Building and Fire Safety · 1998-10-08

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 6, 1998 APPEARANCES: Martin Pickens on his own behalf; Robert N. Bass, Esq. on behalf of Respondent Davis Homes, LTD; David John Sanger on his own behalf ADMINISTRATIVE LAW JUDGE: Lewis D. Kowal _____________________________________________________________________

FINDINGS OF FACT 1. Following a prolonged discussion between the parties during a recess of the instant hearing that occurred outside of the Administrative Law Judge’s presence, the parties concluded a settlement agreement, the essential terms of which were read upon the record. 2. Pursuant to the terms of the aforementioned settlement agreement, both Respondents agreed to elevate Complainants’ manufactured home (the “Home”) to an appropriate level and share the cost of such work; Respondent Davis Homes, Ltd. agreed to repair all interior damage to the Home that was caused by the water drainage problem or that may occur as a result of re-setting the Home to a different elevation; both Respondents will bear the responsibility of repairing the exterior damage that has occurred to the Home as a result of the water drainage problem or that may occur as a result of re-setting the Home to a different elevation; Complainant will bear the responsibility and expense of having Complainant’s lot re-graded; upon completion of the above, the parties to this matter have agreed to execute a mutual release and settlement agreement. The parties agreed that the settlement agreement resolves all of the issues in this matter. 3. The parties agreed that if any petition for rehearing of this matter was to be filed and granted, or if any new complaint was filed, the sole issues for determination shall be whether the parties have performed their respective obligations under the terms of the aforesaid settlement agreement. 4. The terms of the forgoing settlement appeared to be reasonable under all the circumstances and the agreement was determined to be the product of knowing and voluntary action on the part of each party. CONCLUSIONS OF LAW 1. The policy of the law favors settlements of disputes and adverse parties should be free to adjust their differences by entry into agreements or stipulations of settlement which should be recognized and given effect by all tribunals. 2. The settlement reached and submitted during the hearing of this matter, having been found to be reasonable and voluntarily made, warrants the termination of the instant hearing. RECOMMENDED ORDER In view of the foregoing, the Complainant’s Petition that was filed with the Department of Building and Fire Safety of the State of Arizona concerning this matter shall be dismissed. Done this day, October 13, 1998.

_________________________________ Lewis D. Kowal Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 1998, to:

Mr. N. Eric Borg, Director, Director Department of Building & Fire Safety E. Virginia, Suite 100 Phoenix, AZ 85004 ATTN: Michelle M. Castaneda

By _______________________________

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Office of Administrative Hearings 1700 West Washington, Suite 602 Phoenix, Arizona 85007 (602) 542-9826