Case Summary
| Case ID | 21F-H2121055-REL-RHG |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2022-01-31 |
| Administrative Law Judge | Velva Moses-Thompson |
| Outcome | loss |
| Filing Fees Refunded | $500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Nicole Armsby (NICDON 10663 LLC) | Counsel | — |
|---|---|---|---|
| Respondent | Desert Mountain Master Association | Counsel | Mark K. Sahl, Esq. |
Alleged Violations
No violations listed
Outcome Summary
The Administrative Law Judge vacated the hearing from the docket because the Petitioner voluntarily withdrew.
Why this result: The Petitioner voluntarily withdrew the request for hearing, leading to the matter being vacated from the docket.
Key Issues & Findings
statute
The party requesting the hearing voluntarily withdrew the matter.
Orders: The matter was vacated from the docket of the Office of Administrative Hearings.
Filing fee: $500.00, Fee refunded: Yes
Disposition: respondent_win
Analytics Highlights
Video Overview
Audio Overview
Decision Documents
21F-H2121055-REL Decision – 909217.pdf
21F-H2121055-REL Decision – 934279.pdf
21F-H2121055-REL Decision – 934302.pdf
21F-H2121055-REL Decision – 942918.pdf
{
“case”: {
“docket_no”: “21F-H2121055-REL”,
“case_title”: “Nicole Armsby (NICDON 10663 LLC) vs. Desert Mountain Master Association”,
“decision_date”: “September 7, 2021”,
“tribunal”: “OAH”,
“agency”: “ADRE”
},
“individuals”: [
{
“name”: “Nicole Armsby”,
“role”: “petitioner”,
“side”: “petitioner”,
“affiliation”: “NICDON 10663 LLC”,
“notes”: “Appeared on behalf of herself [1], also referred to as Nikki [2], [3]”
},
{
“name”: “Velva Moses-Thompson”,
“role”: “ALJ”,
“side”: “neutral”,
“affiliation”: “Office of Administrative Hearings”,
“notes”: null
},
{
“name”: “Mark Sahl”,
“role”: “HOA attorney”,
“side”: “respondent”,
“affiliation”: “Carpenter Hazlewood Delgado & Bolen, LLP”,
“notes”: null
},
{
“name”: “Kevin C. Pollock”,
“role”: “Executive Director”,
“side”: “respondent”,
“affiliation”: “Desert Mountain Master Association”,
“notes”: “Also referred to as community manager [3]”
},
{
“name”: “Curtis Ekmark”,
“role”: “HOA attorney”,
“side”: “respondent”,
“affiliation”: null,
“notes”: “Respondent’s attorney [4], listed as Curtis S. Ekmark in later filing [5]”
},
{
“name”: “Jon Dessaules”,
“role”: “petitioner attorney”,
“side”: “petitioner”,
“affiliation”: null,
“notes”: “Armsby’s attorney, referred to as ‘Dom’ [2], [3]”
},
{
“name”: “Matthew Hoxsie”,
“role”: “petitioner attorney”,
“side”: “petitioner”,
“affiliation”: “Greenberg Traurig, LLP”,
“notes”: “Associate [2], Armsby’s attorney [4]”
},
{
“name”: “Jordan”,
“role”: “related party”,
“side”: “petitioner”,
“affiliation”: null,
“notes”: “Party referenced in communications between counsel regarding conditional approval to speak [2], [3]”
},
{
“name”: “Stephen Prall”,
“role”: “witness”,
“side”: “respondent”,
“affiliation”: “Desert Mountain Master Association (implied)”,
“notes”: “Presented testimony for Respondent [6]”
},
{
“name”: “Judy Lowe”,
“role”: “Commissioner”,
“side”: “neutral”,
“affiliation”: “Arizona Department of Real Estate”,
“notes”: “Commissioner as of September 7, 2021 [7]”
},
{
“name”: “Louis Dettorre”,
“role”: “Commissioner”,
“side”: “neutral”,
“affiliation”: “Arizona Department of Real Estate”,
“notes”: “Commissioner as of December 22, 2021 [8]”
},
{
“name”: “Carlotta L. Turman”,
“role”: “HOA attorney”,
“side”: “respondent”,
“affiliation”: “Carpenter Hazlewood Delgado & Bolen, LLP”,
“notes”: null
},
{
“name”: “c. serrano”,
“role”: “administrative clerk”,
“side”: “neutral”,
“affiliation”: “OAH/ADRE (transmittal)”,
“notes”: “Signed transmittal notices [9], [10], [11]”
}
]
}
Case Participants
Petitioner Side
- Nicole Armsby (petitioner)
NICDON 10663 LLC
Appeared on behalf of herself, also referred to as Nikki, - Jon Dessaules (petitioner attorney)
Armsby's attorney, referred to as 'Dom', - Matthew Hoxsie (petitioner attorney)
Greenberg Traurig, LLP
Associate, Armsby's attorney - Jordan (related party)
Party referenced in communications between counsel regarding conditional approval to speak,
Respondent Side
- Mark Sahl (HOA attorney)
Carpenter Hazlewood Delgado & Bolen, LLP - Kevin C. Pollock (Executive Director)
Desert Mountain Master Association
Also referred to as community manager - Curtis Ekmark (HOA attorney)
Respondent's attorney, listed as Curtis S. Ekmark in later filing - Stephen Prall (witness)
Desert Mountain Master Association (implied)
Presented testimony for Respondent - Carlotta L. Turman (HOA attorney)
Carpenter Hazlewood Delgado & Bolen, LLP
Neutral Parties
- Velva Moses-Thompson (ALJ)
Office of Administrative Hearings - Judy Lowe (Commissioner)
Arizona Department of Real Estate
Commissioner as of September 7, 2021 - Louis Dettorre (Commissioner)
Arizona Department of Real Estate
Commissioner as of December 22, 2021 - c. serrano (administrative clerk)
OAH/ADRE (transmittal)
Signed transmittal notices,,
