ALJDEC
99F-L989016-BFS · Department of Building and Fire Safety · 1999-06-02
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
|TIMOTHY A. STATHAM, | | No. 99F-L989016-BFS | | | | | |Petitioner, | | | | | | | |-v- | | | | | |RECOMMENDED DECISION | |SHAHRAN ASSHANI, Owner, | |OF ADMINISTRATIVE | |VICKI RYAN, Property Manager, | |LAW JUDGE | |SHANE SPENCER, Resident Manager, | | | |HACIENDA DEL SOL MOBILE HOME PARK, | | | |et al., | | | | | | | |Respondents. | | | | | | |
HEARING: June 2 , 1999 APPEARANCES: The Petitioner appeared personally. The Respondents were represented by their attorney, Mark A. Tucker, Esq. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________
Based upon the entire record in this matter, the following Findings of Fact, Conclusions of Law and Recommended Order are made:
FINDINGS OF FACT
1. At the outset of the scheduled hearing, the parties announced that they had reached a settlement agreement resolving their dispute. 2. Pursuant to the terms of the settlement agreement, the Respondents agree to pay the Petitioner the sum of $270.00 for his security deposit and accrued interest. The Petitioner agrees to bear the expense of the filing fee for this action. 3. The terms of the parties’ settlement agreement appeared to be fair and 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 and the closing of the petition in this matter.
RECOMMENDED ORDER
In view of the foregoing, it is recommended that the parties’ settlement be accepted and that the petition in this matter be closed.
Done this day, June 2, 1999.
______________________________________ BRIAN BRENDAN TULLY 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 ___________________________
-----------------------
Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826