VACATE

99F-M0520-ROC · Registrar of Contractors · 1999-07-20

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|CASA MONTANA, LLC, AND | |Case No. M99-0399 | |CHRISTOPHER BESING, | |Docket No. 99F-M0399-ROC | | | | | |Complainant, | | | | | | | |-v- | |ORDER VACATING SCHEDULED HEARING AND | | | |REMANDING MATTER WITH RECOMMENDATION TO| |License No. 103841, Class B of| |DISMISS CITATION AND COMPLAINT WITH | |CRESTED BUTTE CONSTRUCTION, | |PREJUDICE | |LLC (LLC) | | | | | | | |Respondent. | | | | | | | |CRESTED BUTTE CONSTRUCTION, | |Case No. M99-0520 | |LLC, | |Docket No. 99F-M0520-ROC | | | | | |Complainants, | | | | | | | |-v- | |ORDER VACATING SCHEDULED HEARING AND | | | |REMANDING MATTER WITH RECOMMENDATION TO| |License No. 130999, Class B of| |DISMISS CITATION AND COMPLAINT WITH | |CASA MONTANA LLC (LLC) | |PREJUDICE | | | | | |Respondent. | | | | | | |

Shortly prior to the date set for the convening of the further hearings in the above-entitled matter, counsel for both parties confirmed that all matters in issue between the parties have been resolved, also effectively requesting that the scheduled hearing be vacated and that the pending administrative actions based upon the respective complaints filed with the Registrar of Contractors be terminated with prejudice.

In view of the foregoing, and sufficient cause otherwise appearing herein, IT IS HEREBY ORDERED that the further hearings scheduled to convene on July 29, 1999 and July 30. 1999 be and hereby are vacated from the calendar of the Office of Administrative Hearings, and IT IS FURTHER ORDERED that this matter be remanded to the Registrar of Contractors with the recommendation that the entire administrative Citations and Complaints issued and filed in Cases Numbered M99-0399 and M99-0520 each be dismissed with prejudice, leaving the parties free to pursue possible claims, counterclaims and set- offs in other forums.

Dated: July 21, 1999.

OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Robert. I. Worth Administrative Law Judge

Copies transmitted on ____________________

By: ___________________________, To:

Mr. Michael P. Goldwater, Director Registrar of Contractors ATTN: Joyce Armijo 800 West Washington, 6th Floor Phoenix, AZ 85007

N. Todd McKay, Esq. Schulenburg & Politan, P.L.C. 4801 East Greenway Road Scottsdale, AZ 85254

Karen Gillen, Esq. Gammage & Burham Two North Central Avenue (18th Floor) Phoenix, AZ 85004

Crested Butte Construction LLC 800 E. Park Drive Payson, AZ 85547-1370

Crested Butte Construction LLC P.O. Box 1370 Payson, AZ 85547-1370

Casa Montana LLC 9239 North Summer Hill Blvd. Fountain Hills, AZ 85268

Christopher Besing Casa Montana 2601 East Golden Aster Payson, AZ 85547

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