ALJDEC

99F-L989014-BFS · Department of Building and Fire Safety · 1999-05-18

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: May 18, 1999 APPEARANCES: Petitioners appeared on their own behalf; Michael Parham, Esq. appeared on behalf of the Respondents ADMINISTRATIVE LAW JUDGE: Lewis D. Kowal _____________________________________________________________________ FINDINGS OF FACT 1. Following a prolonged discussion between the parties, prior to commencing the instant hearing, the parties concluded a settlement agreement, the essential terms of which were read into the record. 2. Pursuant to the terms of the aforementioned settlement agreement, Respondents agreed to pay Petitioners the sum of $25.00, representing one- half of the fee for filing the instant petition with the Department. Respondents will develop a request form that will be used in conjunction with the implementation of a policy whereby tenant groups can request the use of the Alma Meadows Park’s (“Park”) clubhouse for meetings by submission of the form to the Park’s manager by the 20th day of each month for the clubhouse’s use in the following month. 3. The parties represented that the Park has made available updated copies of the Arizona Mobile Home and Residential Landlord and Tenant Act to its tenants at the Park’s office. 4. The parties agreed that all rights and defenses were to be merged into the settlement agreement and if any petitions for rehearing of this matter were to be filed and granted, or if any new complaints were filed concerning this matter, the sole issues for determination shall be whether the parties have performed their respective obligations under the terms of the aforesaid settlement agreement. 5. 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 The above-mentioned settlement agreement is accepted and the parties shall comply with the above-stated terms of the settlement agreement, which effectively resolves this instant matter. Therefore, this matter is dismissed.. Done this day, May 24 ,1999

______________________________________ Lewis D. Kowal Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 1999, to:

Department of Building & Fire Safety N. Eric Borg, Director E. Virginia, Suite 100 Phoenix, AZ 85004

ATTN: Michelle M. Castaneda

By ___________________________

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Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826