01/02/2013 — LC2012000699 BROWN, WILLIAM M 01/02/2013 THE HON. CRANE MCCLENNEN View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/04/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
LC2012-000699-001 DT
01/02/2013
Docket Code 023
Form L000
Page 1
CLERK OF THE COURT
THE HON. CRANE MCCLENNEN
J. Eaton
Deputy
WILLIAM M BROWN
WILLIAM M BROWN
6751 E AMBER SUN DR
SCOTTSDALE AZ 85266
v.
TERRAVITA COMMUNITY ASSOCIATION
INC (001)
ARIZONA DEPARTMENT OF FIRE BUILDING
& LIFE SAFETY (001)
OFFICE OF ADMINISTRATIVE
HEARINGS
REMAND DESK-LCA-CCC
ADMINISTRATIVE REVIEW ORDERS
On December 24, 2012, Plaintiff-Appellant, William M. Brown, filed a Complaint for
Administrative Review against Defendant-Appellee, Terravita Community Association, Inc,
and Defendant-Appellee, Arizona Department of Fire Building & Life Safety, pursuant to
Arizona Revised Statutes Annotated (A.R.S.) §§ 12–901 to 12–914.
IT IS ORDERED that Plaintiff-Appellant serve both Defendant-Appellees in the
manner provided by A.R.S. § 12–906.1
IT IS FURTHER ORDERED that Plaintiff-Appellant shall file proof of service with the
Clerk of the Court as required by Rules 4(g) and 4(i) of the Arizona Rules of Civil Procedure.
IT IS FURTHER ORDERED that Plaintiff-Appellant provide both Defendant-
Appellees with a copy of this minute entry.
1 A.R.S. § 12–906 incorporates the Arizona Rules of Civil Procedure for service of process. See Rules 4 and 4.1,
Ariz. R. Civ. P.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
LC2012-000699-001 DT
01/02/2013
Docket Code 023
Form L000
Page 2
IT IS FURTHER ORDERED that Plaintiff-Appellant shall file a notice of action as
required by A.R.S. § 12-904(B).
IT IS FURTHER ORDERED that Plaintiff-Appellant shall order and make arrange-
ments to pay for the preparation of pertinent portions of the record as required by A.R.S. § 12–
904(B)(5).
IT IS FURTHER ORDERED that any answers from Defendant-Appellees shall be due
20 days from the date of service of Plaintiff-Appellant’s complaint.
Plaintiff-Appellant is advised that, if Plaintiff-Appellant fails to effectuate service or to
order the record or the transcripts as ordered herein, this Court may dismiss these proceedings.
IT IS FURTHER ORDERED that the administrative agency or board shall transmit its
record to the Clerk of this Court as required by A.R.S. § 12–904(B) and provide a Certification
of Record on Review to Plaintiff-Appellant and a notice to this court that the transmittal has
occurred.
IT IS FURTHER ORDERED that Plaintiff-Appellant and Defendant-Appellees are to
file briefs in accordance with Rule 6 of the Rules of Procedure for Judicial Review of Adminis-
trative Decisions.
02/13/2014 — LC2012000699 BROWN, WILLIAM M 02/13/2014 THE HON. CRANE MCCLENNEN View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/14/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
LC2012-000699-001 DT
02/13/2014
Docket Code 049
Form L000
Page 1
CLERK OF THE COURT
THE HON. CRANE MCCLENNEN
J. Eaton
Deputy
WILLIAM M BROWN
WILLIAM M BROWN
6751 E AMBER SUN DR
SCOTTSDALE AZ 85266
v.
TERRAVITA COMMUNITY ASSOCIATION
INC (001)
ARIZONA DEPARTMENT OF FIRE BUILDING
& LIFE SAFETY (001)
CURTIS S EKMARK
MARY D WILLIAMS
OFFICE OF ADMINISTRATIVE
HEARINGS
REMAND DESK-LCA-CCC
MINUTE ENTRY
Upon affirming the November 12, 2012 Order certifying the October 4, 2012, Decision of
the Administrative Law Judge as the Final Administrative Decision of the Arizona Department
of Fire, Building and Life Safety, and upon finding that Defendant-Appellee Terravita Commu-
nity Association, Inc. (Terravita) is the prevailing party in this matter, the Court hereby finds that
Terravita is entitled to Judgment against Plaintiff-Appellant William M. Brown (Plaintiff).
Based upon the foregoing findings and good cause appearing,
IT IS ORDERED, ADJUDGED AND DECREED in favor of Terravita and against Plain-
tiff as follows:
1.
That Terravita is entitled to Judgment against Plaintiff for its reasonable
attorneys’ fees and taxable costs incurred in litigating this matter;
2.
That Judgment is entered against Plaintiff, in the amount of $5,000.00 for
Terravita’s reasonable attorneys’ fees incurred in litigating this matter;
3.
That Judgment is entered against Plaintiff, in the amount of $223.00 for
Terravita’s taxable costs incurred in litigating this matter;
4.
That the amounts awarded in Paragraphs 2 and 3 bear interest at the appli-
cable legal rate from the date of entry of the Judgment until paid;
5.
The Court has expressly determined that there is no just reason for delay
and expressly directs entry of this final Judgment against Plaintiff as set
forth herein.
All in accordance with the formal written Judgment signed by the Court on February 13, 2014
and filed (entered) by the Clerk on February 13, 2014.
04/09/2013 — LC2012000699 BROWN, WILLIAM M 04/09/2013 THE HON. CRANE MCCLENNEN View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/10/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
LC2012-000699-001 DT
04/09/2013
Docket Code 022
Form L000
Page 1
CLERK OF THE COURT
THE HON. CRANE MCCLENNEN
J. Eaton
Deputy
WILLIAM M BROWN
WILLIAM M BROWN
6751 E AMBER SUN DR
SCOTTSDALE AZ 85266
v.
TERRAVITA COMMUNITY ASSOCIATION
INC (001)
ARIZONA DEPARTMENT OF FIRE BUILDING
& LIFE SAFETY (001)
CURTIS S EKMARK
MARY D WILLIAMS
OFFICE OF ADMINISTRATIVE
HEARINGS
REMAND DESK-LCA-CCC
MINUTE ENTRY
Defendant-Appellee Terravita Community Association, Inc. (TCA) has filed a Motion To
Compel Plaintiff-Appellant to Properly Serve Defendant-Appellee; Plaintiff-Appellant William
M. Brown (Brown) has filed a Response; TCA has filed a Reply; and Brown has filed a Surreply.
Good cause appearing,
IT IS ORDERED granting TCA’s Motion To Compel Plaintiff-Appellant to Properly
Serve Defendant-Appellee.
IT IS FURTHER ORDERED that Plaintiff-Appellant timely serve a copy of all
documents filed with the Court upon Defendant-Appellee’s counsel of record.
IT IS FURTHER ORDERED that Plaintiff-Appellant include Defendant-Appellee’s
counsel of record on the mailing certificate of every document filed with the Court, and to sign
the mailing certificate of every document filed with the Court in order to confirm that copies
have been properly served upon Defendant-Appellee’s counsel of record all in accordance with
the formal written Order signed by the Court on April 9, 2013 and filed (entered) by the Clerk on
April 9, 2013.
04/09/2013 — LC2012000699 BROWN, WILLIAM M 04/09/2013 THE HON. CRANE MCCLENNEN View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Filed ***
04/10/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
LC2012-000699-001 DT
04/09/2013
Docket Code 023
Form L000
Page 1
CLERK OF THE COURT
THE HON. CRANE MCCLENNEN
J. Eaton
Deputy
WILLIAM M BROWN
WILLIAM M BROWN
6751 E AMBER SUN DR
SCOTTSDALE AZ 85266
v.
TERRAVITA COMMUNITY ASSOCIATION
INC (001)
ARIZONA DEPARTMENT OF FIRE BUILDING
& LIFE SAFETY (001)
CURTIS S EKMARK
MARY D WILLIAMS
OFFICE OF ADMINISTRATIVE
HEARINGS
REMAND DESK-LCA-CCC
MINUTE ENTRY
Plaintiff-Appellant, William M. Brown (Brown) has filed a Request for Evidentiary
Hearing; Defendant-Appellee, Terravita Community Association, Inc. has filed a Response; and
Brown has filed a Reply.
IT IS ORDERED denying Brown’s Request for Evidentiary Hearing.
IT IS FURTHER ORDERED signing this Minute Entry as a formal Order of the Court.
/s/ Crane McClennen
THE HON. CRANE MCCLENNEN
JUDGE OF THE SUPERIOR COURT
04/15/2013 — LC2012000699 BROWN, WILLIAM M 04/15/2013 THE HON. CRANE MCCLENNEN View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/16/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
LC2012-000699-001 DT
04/15/2013
Docket Code 023
Form L000
Page 1
CLERK OF THE COURT
THE HON. CRANE MCCLENNEN
J. Eaton
Deputy
WILLIAM M BROWN
WILLIAM M BROWN
6751 E AMBER SUN DR
SCOTTSDALE AZ 85266
v.
TERRAVITA COMMUNITY ASSOCIATION
INC (001)
ARIZONA DEPARTMENT OF FIRE BUILDING
& LIFE SAFETY (001)
CURTIS S EKMARK
MARY D WILLIAMS
OFFICE OF ADMINISTRATIVE
HEARINGS
REMAND DESK-LCA-CCC
MINUTE ENTRY
On January 2, 2013, this Court issued a minute entry that ordered Plaintiff-Appellant
William M. Brown (1) to serve all Defendant-Appellees and file proof of service with the Clerk
of Court, and (2) to order the preparation of the record and to make arrangement to pay for the
preparation of the record. It further ordered that briefs are to be filed in accordance with Rule 6
of the Rules of Procedure for Judicial Review of Administrative Decisions.
This Court has reviewed the file in this matter and there is no Opening Brief filed by the
Plaintiff-Appellant.
IT IS ORDERED that, by June 14, 2013, Plaintiff-Appellant shall file its Opening Brief.
Failure to file an Opening Brief may result in the dismissal of these proceedings.
The Court is also in receipt of Defendant-Appellee Terravita Community Association,
Inc.’s Motion To Dismiss Notice of Appeal Pursuant to Rule 6(b), filed April 12, 2013.
IT IS FURTHER ORDERED denying Defendant-Appellee’s Motion To Dismiss Notice
of Appeal Pursuant to Rule 6(b).
06/09/2014 — LC2012000699 BROWN, WILLIAM M 06/09/2014 THE HON. CRANE MCCLENNEN View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Filed ***
06/10/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
LC2012-000699-001 DT
06/09/2014
Docket Code 022
Form L000
Page 1
CLERK OF THE COURT
THE HON. CRANE MCCLENNEN
M. Nielsen
Deputy
WILLIAM M BROWN
WILLIAM M BROWN
6751 E AMBER SUN DR
SCOTTSDALE AZ 85266
v.
TERRAVITA COMMUNITY ASSOCIATION
INC (001)
ARIZONA DEPARTMENT OF FIRE BUILDING
& LIFE SAFETY (001)
CURTIS S EKMARK
MARY D WILLIAMS
REMAND DESK-LCA-CCC
MINUTE ENTRY
On March 3, 2014, Plaintiff-Appellant William M. Brown filed a Motion for Reconsider-
ation of Award of Attorneys’ Fees. March 19, 2014, Defendant-Appellee filed a Response to
Plaintiff-Appellant’s Motion for Reconsideration of Award of Attorneys’ Fees.
IT IS ORDERED denying Plaintiff-Appellant William M. Brown Motion for Reconsid-
eration of Award of Attorneys’ Fees.
IT IS FURTHER ORDERED signing this minute entry as a formal Order of the Court.
/s/ Crane McClennen
THE HON. CRANE MCCLENNEN
JUDGE OF THE SUPERIOR COURT
06/24/2014 — LC2012000699 BROWN, WILLIAM M 06/24/2014 THE HON. CRANE MCCLENNEN View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/25/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
LC2012-000699-001 DT
06/24/2014
Docket Code 905
Form L000
Page 1
CLERK OF THE COURT
THE HON. CRANE MCCLENNEN
J. Eaton
Deputy
WILLIAM M BROWN
WILLIAM M BROWN
6751 E AMBER SUN DR
SCOTTSDALE AZ 85266
v.
TERRAVITA COMMUNITY ASSOCIATION
INC (001)
ARIZONA DEPARTMENT OF FIRE BUILDING
& LIFE SAFETY (001)
CURTIS S EKMARK
MARY D WILLIAMS
OFFICE OF ADMINISTRATIVE
HEARINGS
REMAND DESK-LCA-CCC
MINUTE ENTRY
On June 13, 2014, Plaintiff-Appellant William M. Brown filed an ex parte Motion To
Correct Record. This Court does not consider ex parte motions; and therefore, will take no
action.
NOTICE: LC cases are not under the e-file system. As a result, when a party files a docu-
ment, the system does not generate a courtesy copy for the Judge. Therefore, you will have to
deliver to the Judge a conformed courtesy copy of any filings.
06/30/2014 — LC2012000699 BROWN, WILLIAM M 06/30/2014 THE HON. CRANE MCCLENNEN View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/01/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
LC2012-000699-001 DT
06/30/2014
Docket Code 025
Form L000
Page 1
CLERK OF THE COURT
THE HON. CRANE MCCLENNEN
J. Eaton
Deputy
WILLIAM M BROWN
WILLIAM M BROWN
6751 E AMBER SUN DR
SCOTTSDALE AZ 85266
v.
TERRAVITA COMMUNITY ASSOCIATION
INC (001)
ARIZONA DEPARTMENT OF FIRE BUILDING
& LIFE SAFETY (001)
CURTIS S EKMARK
MARY D WILLIAMS
OFFICE OF ADMINISTRATIVE
HEARINGS
REMAND DESK-LCA-CCC
MINUTE ENTRY
On November 22, 2013, this Court issued a minute entry resolving the merits in this
matter; on February 13, 2014, this Court signed a Judgment regarding Attorneys’ Fees; and on
June 9, 2014, this Court issued a minute entry denying Appellant William M. Brown’s
(Appellant) Motion For Reconsideration of Award of Attorneys’ Fees. Appellant has provided
this Court with an Amended Motion To Correct Record.
This court no longer has jurisdiction and will take no further action in this matter.
NOTICE: LC cases are not under the e-file system. As a result, when a party files a docu-
ment, the system does not generate a courtesy copy for the Judge. Therefore, you will have to
deliver to the Judge a conformed courtesy copy of any filings.
07/01/2014 — LC2012000699 BROWN, WILLIAM M 07/01/2014 THE HON. CRANE MCCLENNEN View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/02/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
LC2012-000699-001 DT
07/01/2014
Docket Code 022
Form L000
Page 1
CLERK OF THE COURT
THE HON. CRANE MCCLENNEN
J. Eaton
Deputy
WILLIAM M BROWN
WILLIAM M BROWN
6751 E AMBER SUN DR
SCOTTSDALE AZ 85266
v.
TERRAVITA COMMUNITY ASSOCIATION
INC (001)
ARIZONA DEPARTMENT OF FIRE BUILDING
& LIFE SAFETY (001)
CURTIS S EKMARK
MARY D WILLIAMS
OFFICE OF ADMINISTRATIVE
HEARINGS
REMAND DESK-LCA-CCC
MINUTE ENTRY
The Court is in receipt of Defendant-Appellee Terravita Community Association, Inc.’s
(Association) Motion for Alternative Form of Service, filed June 23, 2014. Good cause appear-
ing therefore,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED:
(1) That pursuant to Rules 4.1(k), 5(c)(4), 45(d) and 69, this Court grants permission to
the Association to serve Plaintiff-Appellant William M. Brown via the following
alternative form of service and that service by such means will be deemed personal
service:
(a) posting a copy of the Subpoena, this Order and any required witness and other
fees to the front door of the residence at 6751 E. Amber Sun Dr., Scottsdale
AZ 85266; and
(b) mailing the same documents, except for any witness and other fees, by
certified and first class mail to 6751 E. Amber Sun Dr., Scottsdale, AZ 85266;
(2) That the Association shall have ten (10) business days after this Order is executed
within which to have the Clerk reissue the Subpoena for Deposition; and
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
LC2012-000699-001 DT
07/01/2014
Docket Code 022
Form L000
Page 2
(3) That the Association shall have thirty (30) days after the Subpoena is reissued within
which to effect service pursuant to this Order all in accordance with the formal
written Order signed by the Court on June 30, 2014 and filed (entered) by the Clerk
on July 1, 2014.
NOTICE: LC cases are not under the e-file system. As a result, when a party files a docu-
ment, the system does not generate a courtesy copy for the Judge. Therefore, you will have to
deliver to the Judge a conformed courtesy copy of any filings.
07/10/2014 — LC2012000699 BROWN, WILLIAM M 07/10/2014 THE HON. CRANE MCCLENNEN View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/11/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
LC2012-000699-001 DT
07/10/2014
Docket Code 905
Form L000
Page 1
CLERK OF THE COURT
THE HON. CRANE MCCLENNEN
J. Eaton
Deputy
WILLIAM M BROWN
WILLIAM M BROWN
6751 E AMBER SUN DR
SCOTTSDALE AZ 85266
v.
TERRAVITA COMMUNITY ASSOCIATION
INC (001)
ARIZONA DEPARTMENT OF FIRE BUILDING
& LIFE SAFETY (001)
CURTIS S EKMARK
MARY D WILLIAMS
OFFICE OF ADMINISTRATIVE
HEARINGS
REMAND DESK-LCA-CCC
MINUTE ENTRY
On June 30, 2014, Plaintiff-Appellant William M. Brown mailed to this Court Plaintiff/
Appellant’s Motion To Compel Defendant/Appellee Terravita Community Association, Inc. to
Properly Serve Plaintiff/Appellant, Plaintiff/Appellant’s Attorney and Defendant/Appellee
Arizona Department of Fire, Building and Life Safety.
This matter has been resolved by this Court’s minute entry of July 1, 2014, which was
filed on July 2, 2014.
NOTICE: LC cases are not under the e-file system. As a result, when a party files a docu-
ment, the system does not generate a courtesy copy for the Judge. Therefore, you will have to
deliver to the Judge a conformed courtesy copy of any filings.
08/11/2014 — LC2012000699 BROWN, WILLIAM M 08/11/2014 THE HON. CRANE MCCLENNEN View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Filed ***
08/12/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
LC2012-000699-001 DT
08/11/2014
Docket Code 025
Form L512
Page 1
CLERK OF THE COURT
THE HON. CRANE MCCLENNEN
J. Eaton
Deputy
WILLIAM M BROWN
WILLIAM M BROWN
6751 E AMBER SUN DR
SCOTTSDALE AZ 85266
v.
TERRAVITA COMMUNITY ASSOCIATION
INC (001)
ARIZONA DEPARTMENT OF FIRE BUILDING
& LIFE SAFETY (001)
CURTIS S EKMARK
MARY D WILLIAMS
OFFICE OF ADMINISTRATIVE
HEARINGS
REMAND DESK-LCA-CCC
MINUTE ENTRY
On August 8, 20, 2014, Terravita Community Association, Inc. filed an Application for
an Order to Show Cause. A review of the file shows the following:
On November 22, 2013, this Court issued a minute entry resolving the merits in this
matter; and on February 13, 2014, this Court signed a Judgment regarding Attorneys’ Fees. On
March 14, 2014, William Brown filed a Notice of Appeal. On June 9, 2014, this Court issued a
minute entry denying Appellant William M. Brown’s Motion For Reconsideration of Award of
Attorneys’ Fees.
This Court no longer has jurisdiction and will take no further action in this matter.
/s/ Crane McClennen
THE HON. CRANE MCCLENNEN
JUDGE OF THE SUPERIOR COURT
NOTICE: LC cases are not under the e-file system. As a result, when a party files a docu-
ment, the system does not generate a courtesy copy for the Judge. Therefore, you will have to
deliver to the Judge a conformed courtesy copy of any filings.
08/26/2013 — LC2012000699 BROWN, WILLIAM M 08/26/2013 THE HON. CRANE MCCLENNEN View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/27/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
LC2012-000699-001 DT
08/26/2013
Docket Code 094
Form L000
Page 1
CLERK OF THE COURT
THE HON. CRANE MCCLENNEN
J. Eaton
Deputy
WILLIAM M BROWN
WILLIAM M BROWN
6751 E AMBER SUN DR
SCOTTSDALE AZ 85266
v.
TERRAVITA COMMUNITY ASSOCIATION
INC (001)
ARIZONA DEPARTMENT OF FIRE BUILDING
& LIFE SAFETY (001)
CURTIS S EKMARK
MARY D WILLIAMS
OFFICE OF ADMINISTRATIVE
HEARINGS
REMAND DESK-LCA-CCC
ORAL ARGUMENT SET
On request of counsel,
IT IS ORDERED setting Oral Argument on December 16, 2013, at 10:00 a.m. for
Administrative Review
before the Hon. Crane McClennen, Central Court Building,
Courtroom 504, 201 West Jefferson, Phoenix, AZ.
IT IS FURTHER ORDERED that oral argument will be limited to 15 minutes for each
side unless permission to exceed this limit has been granted.
NOTE: If counsel for a party does not appear at the scheduled time for the Oral
Argument, the Court will vacate the Oral Argument and make its determination based on the
appellant memoranda submitted.
IT IS FURTHER ORDERED that, by September 17, 2013, counsel and self-
represented parties shall send an email to this Court’s Bailiff, Ramona Rubalcaba, at:
[email protected].
This email shall advise Ms. Rubalcaba that the above named parties have received
notice and will be in attendance at this Oral Argument.
Court Reporter
All court proceedings are recorded by audio method and not by a court reporter.
Should a party want a court reporter, that party must submit to this Division a written
request at least 5 days prior to the scheduled hearing.
09/24/2013 — LC2012000699 BROWN, WILLIAM M 09/24/2013 THE HON. CRANE MCCLENNEN View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/25/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
LC2012-000699-001 DT
09/24/2013
Docket Code 002
Form L000
Page 1
CLERK OF THE COURT
THE HON. CRANE MCCLENNEN
J. Eaton
Deputy
WILLIAM M BROWN
WILLIAM M BROWN
6751 E AMBER SUN DR
SCOTTSDALE AZ 85266
v.
TERRAVITA COMMUNITY ASSOCIATION
INC (001)
ARIZONA DEPARTMENT OF FIRE BUILDING
& LIFE SAFETY (001)
CURTIS S EKMARK
MARY D WILLIAMS
OFFICE OF ADMINISTRATIVE
HEARINGS
REMAND DESK-LCA-CCC
MINUTE ENTRY
On request of Plaintiff-Appellant William M. Brown,
IT IS ORDERED vacating the Oral Argument scheduled for December 16, 2013, at
10:00 a.m.
This Administrative Review is now set for determination, pursuant to Rule 9.9, Maricopa
County Superior Court Local Rules of Practice, within 60 days from the filing of this Minute
Entry.
11/22/2013 — LC2012000699 BROWN, WILLIAM M 11/22/2013 THE HON. CRANE MCCLENNEN View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Filed ***
11/26/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
LC2012-000699-001 DT
11/22/2013
Docket Code 512
Form L512
Page 1
CLERK OF THE COURT
THE HON. CRANE MCCLENNEN
J. Eaton
Deputy
WILLIAM M BROWN
WILLIAM M BROWN
6751 E AMBER SUN DR
SCOTTSDALE AZ 85266
v.
TERRAVITA COMMUNITY ASSOCIATION
INC (001)
ARIZONA DEPARTMENT OF FIRE BUILDING
& LIFE SAFETY (001)
CURTIS S EKMARK
MARY D WILLIAMS
OFFICE OF ADMINISTRATIVE
HEARINGS
REMAND DESK-LCA-CCC
RECORD APPEAL RULING / REMAND
Plaintiff-Appellant William M. Brown asks this Court to review the November 13, 2012,
Order, certifying the October 4, 2012, Decision of the Administrative Law Judge as the Final Ad-
ministrative Decision of the Arizona Department of Fire, Building, and Life Safety. For the fol-
lowing reasons, this Court affirms that Order and that Decision.
I. FACTUAL BACKGROUND.
On May 25, 2012, Plaintiff-Appellant William M. Brown (Brown) sent an e-mail to Kevin
Pollock (Pollock), the manager of Defendant-Appellee Terravita Community Association, Inc.
(TCA) requesting copies of (1) any engagement letter from TCA to its attorneys, Ekmark & Ek-
mark; (2) minutes of a March 27, 2012, meeting of the Board of Directors; and (3) minutes of an
April 24, 2012, meeting of the Board of Directors. On May 30, 2012, Pollock sent an e-mail to
Brown advising him of the following: (1) there was no engagement letter from TCA to Ekmark
& Ekmark; (2) the March 27, 2012, meeting of the Board of Directors was an executive session
and thus the minutes were not available to the public; and (3) there was no April 24, 2012, meet-
ing of the Board of Directors.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
LC2012-000699-001 DT
11/22/2013
Docket Code 512
Form L512
Page 2
On June 26, 2012, Brown filed with Defendant-Appellee Arizona Department of Fire,
Building, and Life Safety (AzDFBLS) a petition alleging a violation of A.R.S. § 33–1805(A) and
requesting a hearing, which was later set for October 9, 2012. On September 21, 2012, TCA filed
a motion for summary judgment with an affidavit from Pollock stating the following: (1) there
was no engagement letter from TCA to Ekmark & Ekmark; (2) the March 27, 2012, meeting of
the Board of Directors was an executive session and thus the minutes were not available to the
public; and (3) there was no April 24, 2012, meeting of the Board of Directors. TCA filed a
notice for a deposition of Brown to determine what, if any, evidence he had to support his allega-
tions, but Brown never appeared for the deposition.
On October 2, 2012, Brown filed a written response in opposition to the motion for sum-
mary judgment, and on October 3, 2012, filed a supplement. On October 4, 2012, ALJ Brian
Tully issued a Decision granting TCA’s motion for summary judgment. ALJ Brian Tully noted
Brown had presented no proposed evidence (such as an affidavit) showing an engagement letter
existed, and holding further that, if such a letter existed, it would be protected by the attorney-
client privilege and thus would not be subject to disclosure. ALJ Tully further noted Brown had
presented no proposed evidence (such as an affidavit) showing the Board had held a meeting on
April 24, 2012, and that even if the Board had held a meeting on that date, because it would have
been an executive session, as was the March 27, 2012, meeting, Brown would not be entitled to
the minutes from those meetings.
On November 13, 2012, Cliff Vanell, Director of the Office of Administrative Hearings,
issued a Certification of Decision of Administrative Law Judge certifying the October 4, 2012,
Decision of the Administrative Law Judge as the Final Administrative Decision of the Arizona
Department of Fire, Building, and Life Safety. On December 24, 2012, Brown filed a Complaint
for Judicial Review of Administrative Decision. This Court has jurisdiction pursuant to A.R.S.
§ 12–124(A) and A.R.S. § 12–905(A).
II. GENERALSTANDARDS FOR REVIEW.
The Arizona statutory authority and case law define the scope of administrative review:
The court may affirm, reverse, modify or vacate and remand the agency action. The
court shall affirm the agency action unless after reviewing the administrative record and
supplementing evidence presented at the evidentiary hearing the court concludes that the
action is not supported by substantial evidence, is contrary to law, is arbitrary and capri-
cious or is an abuse of discretion.
A.R.S. § 12–910(E).
The court must defer to the agency’s factual findings and affirm them if supported by sub-
stantial evidence. If an agency’s decision is supported by the record, substantial evidence
exists to support the decision even if the record also supports a different conclusion.
Gaveck v. Arizona St. Bd. of Podiatry Exam., 222 Ariz. 433, 215 P.3d 1114, ¶ 11 (Ct. App. 2009)
(citations omitted).
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
LC2012-000699-001 DT
11/22/2013
Docket Code 512
Form L512
Page 3
[I]n ruling on the sufficiency of the evidence in administrative proceedings, courts
should show a certain degree of deference to the judgment of the agency based upon the
accumulated experience and expertise of its members.
Croft v. Arizona St. Bd. of Dent. Exam., 157 Ariz. 203, 208, 755 P.2d 1191, 1196 (Ct. App. 1988).
A trial court may not function as a “super agency” and substitute its own judgment for
that of the agency where factual questions and agency expertise are involved.
DeGroot v. Arizona Racing Comm’n, 141 Ariz. 331, 336, 686 P.2d 1301, 1306 (Ct. App. 1984).
[The reviewing court must] view the evidence in a light most favorable to upholding the
Board’s decision and “will affirm that decision if it is supported by any reasonable inter-
pretation of the record.”
Baca v. Arizona D.E.S., 191 Ariz. 43, 46, 951 P.2d 1235, 1238 (Ct. App. 1998) (cites omitted).
A question of statutory interpretation involves a question of law, and [the reviewing court]
is not bound by the trial court’s or the agency’s conclusions [about] questions of law.
Siegel v. Arizona St. Liq. Bd., 167 Ariz. 400, 401, 807 P.2d 1136, 1137 (Ct. App. 1991).
On appeal, [the reviewing court] is free to draw its own conclusions in determining if the
Board properly interpreted the law; however, the Board’s interpretation of statutes and
. . . regulations is entitled to great weight.
Baca, 191 Ariz. at 45–46, 951 P.2d at 1237–38.
Judicial deference should be given to agencies charged with the responsibility of carrying
out specific legislation, and ordinarily an agency’s interpretation of a statute or regulation
it implements is given great weight. However, the agency’s interpretation is not infallible,
and courts must remain the final authority on critical questions of statutory construction.
U.S. Parking Sys. v. City of Phoenix, 160 Ariz. 210, 211, 772 P.2d 33, 34 (Ct. App. 1989) (cita-
tions omitted).
III. ISSUE:WAS THERE SUBSTANTIAL EVIDENCE TO SUPPORT THE ACTION OF THE
AGENCY, AND WAS THE ACTION OF THE AGENCY CONTRARY TO LAW,
ARBITRARY AND CAPRICIOUS, OR AN ABUSE OF DISCRETION.
Brown contends the ALJ erred in granting TCA’s motion for summary judgment and thus
contends he was entitled to an evidentiary hearing. Brown has provided to this Court authorities
and arguments in support of its position. TCA contends Brown never presented any indication
that he had any evidence showing there was an engagement letter or that there was a meeting on
April 24, 2012, and further contends the other requested information is privileged. TCA has pro-
vided to this Court authorities and arguments in support of its position. This Court concludes the
authorities and arguments provided by TCA are well-taken, and this Court adopts those author-
ities and arguments in support of its decision.
. . . .
. . . .
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
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11/22/2013
Docket Code 512
Form L512
Page 4
IV. CONCLUSION.
Based on the foregoing, this Court concludes there was substantial evidence to support the
action of the ALJ and TCA, and that the action of the ALJ and TCA was not contrary to law, was
not arbitrary or capricious, and was not an abuse of discretion. This Court further determines
there is no just reason to delay entry of judgment.
If any party wishes to appeal this Court’s Decision to the Arizona Court of Appeals, that
party must do so pursuant to A.R.S. § 12–913 and Rule 9(a) of the Arizona Rules of Civil
Appellate Procedure. See Eaton v. AHCCCS, 206 Ariz. 430, 79 P.3d 1044, ¶ 7 (Ct. App. 2003)
(“The [Arizona Court of Appeals] will allow an administrative decision to stand if there is any
credible evidence to support it, but, because we review the same record, we may substitute our
opinion for that of the superior court.” “And when consideration of the administrative decision
involves the legal interpretation of a statute, this court reviews de novo the decisions reached by
the administrative officer and the superior court.”); accord, Pima Cty. Hum. Rts. Comm. v.
Arizona D.H.S., 232 Ariz. 177, 303 P.3d 71, ¶ 7 (Ct. App. 2013) (because the superior court did
not hold an evidentiary hearing or admit any new evidence, Arizona Court of Appeals reviewed
its judgment de novo, reaching the same underlying issue as the superior court); Blancarte v.
Arizona DOT, 230 Ariz. 241, 282 P.3d 442, ¶ 7 (Ct. App. 2012) (“Applying a de novo review of
the superior court’s decision . . . .”); Ritland v. Arizona St. Bd. Med. Exam., 213 Ariz. 187, 140
P.3d 970, ¶ 7 (Ct. App. 2006) (“In reviewing the Board’s decision, we are not bound by the
superior court’s judgment because we review the same record.”).
IT IS THEREFORE ORDERED affirming the November 13, 2012, Order, certifying the
October 4, 2012, Decision of the Administrative Law Judge as the Final Administrative Decision
of the Arizona Department of Fire, Building, and Life Safety.
IT IS FURTHER ORDERED signing this minute entry as a formal Order of the Court.
/s/ Crane McClennen
THE HON. CRANE MCCLENNEN
JUDGE OF THE SUPERIOR COURT
112220131150•
NOTICE: LC cases are not under the e-file system. As a result, when a party files a doc-
ument, the system does not generate a courtesy copy for the Judge. Therefore, you will have to
deliver to the Judge a conformed courtesy copy of any filings.
11/24/2015 — LC2012000699 BROWN, WILLIAM M 11/24/2015 THE HON. CRANE MCCLENNEN View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/25/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
LC2012-000699-001 DT
11/24/2015
Docket Code 049
Form L000
Page 1
CLERK OF THE COURT
THE HON. CRANE MCCLENNEN
J. Eaton
Deputy
WILLIAM M BROWN
WILLIAM M BROWN
6751 E AMBER SUN DR
SCOTTSDALE AZ 85266
v.
TERRAVITA COMMUNITY ASSOCIATION
INC (001)
ARIZONA DEPARTMENT OF FIRE BUILDING
& LIFE SAFETY (001)
CURTIS S EKMARK
MARY D WILLIAMS
OFFICE OF ADMINISTRATIVE
HEARINGS
REMAND DESK-LCA-CCC
MINUTE ENTRY
Pursuant to the Court of Appeals’ July 30, 2015, Memorandum Decision, 1 CA-CV 14–
0455, William M. Brown v. Terravita Community Association, Inc.; the Court’s September 2,
2015, Order Re: Costs; the Court’s September 9, 2015, Mandate; and upon finding Plaintiff-Ap-
pellant is the prevailing party in 1 CA-CV 14–0455, this Court hereby finds that Plaintiff-Appel-
lant is entitled to Judgment against Defendant-Appellee Terravita Community Association, Inc.
Based on the foregoing findings and good cause appearing,
IT IS ORDERED, ADJUDGED and DECREED in favor of Plaintiff-Appellant and against
Defendant-Appellee as follows:
1. Judgment is entered against Defendant-Appellee in the amount of $280.00
for Plaintiff-Appellant’s costs;
2. The amount awarded above bears interest at the applicable legal rate from
the date of entry of the Judgment until paid;
3. The Court directs entry of this Judgment against the Defendant-Appellee as
set forth;
4. No further matters remain pending and this Judgment is entered pursuant to
Rule 54(c).
All in accordance with the formal written Judgment signed by the Court on November 24, 2015,
and filed (entered) by the Clerk on November 24, 2015.
NOTICE: LC cases are not under the e-file system. As a result, when a party files a document,
the system does not generate a courtesy copy for the Judge. Therefore, you will have to deliver to
the Judge a conformed courtesy copy of any filings.
11/24/2015 — LC2012000699 BROWN, WILLIAM M 11/24/2015 THE HON. CRANE MCCLENNEN View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/25/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
LC2012-000699-001 DT
11/24/2015
Docket Code 065
Form L000
Page 1
CLERK OF THE COURT
THE HON. CRANE MCCLENNEN
J. Eaton
Deputy
WILLIAM M BROWN
WILLIAM M BROWN
6751 E AMBER SUN DR
SCOTTSDALE AZ 85266
v.
TERRAVITA COMMUNITY ASSOCIATION
INC (001)
ARIZONA DEPARTMENT OF FIRE BUILDING
& LIFE SAFETY (001)
CURTIS S EKMARK
MARY D WILLIAMS
OFFICE OF ADMINISTRATIVE
HEARINGS
REMAND DESK-LCA-CCC
MINUTE ENTRY
On September 30, 2015, Plaintiff-Appellant William M. Brown filed a Motion To Exonerate
Bond. Good cause appearing,
IT IS ORDERED that the cost bond in the amount of $500.00 is exonerated and released in
favor of Plaintiff-Appellant.
IT IS FURTHER ORDERED that the Clerk of the Superior Court is directed to issue a check
in the amount of $500.00 payable to William M. Brown, Plaintiff-Appellant, all in accordance with
the formal written Order signed by the Court on November 24, 2015, and filed (entered) by the
Clerk on November 24, 2015.
NOTICE: LC cases are not under the e-file system. As a result, when a party files a document,
the system does not generate a courtesy copy for the Judge. Therefore, you will have to deliver to
the Judge a conformed courtesy copy of any filings.
