01/24/2025 — LC2025000025 N H REVOCABLE TRUST, A Z 01/24/2025 HONORABLE JOSEPH P. MIKITISH View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
01/27/2025 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
LC2025-000025-001 DT
01/24/2025
Docket Code 023
Form L000
Page 1
CLERK OF THE COURT
HONORABLE JOSEPH P. MIKITISH
S. Ortega
Deputy
A Z N H REVOCABLE TRUST
JOHN SULLIVAN
SUSAN SULLIVAN
JOHN SULLIVAN
v.
ARIZONA DEPARTMENT OF REAL ESTATE
(001)
SUNLAND SPRINGS VILLAGE
HOMEOWNERS ASSOCIATION (001)
JUDGE MIKITISH
REMAND DESK-LCA-CCC
ADMINISTRATIVE REVIEW ORDERS
On January 14, 2025, Appellant, AZNH Revocable Trust, by and through John and Susan
Sullivan, Trustees, Real Parties in Interest, filed a Notice of Appeal of Administrative Decision
against Appellee, Arizona Department of Real Estate, and Appellee, Sunland Springs Village
Homeowners Association, pursuant to Arizona Revised Statutes Annotated (A.R.S.) §§ 12–901 to
12–914.
IT IS ORDERED that Appellant serve both Appellees with a copy of the Notice of Appeal
of Administrative Decision in the manner provided by A.R.S. § 12–906.1
IT IS FURTHER ORDERED that Appellant shall file proof of service with the Clerk of
the Superior Court of Maricopa County as required by Rules 4(g) and 4(i) of the Arizona Rules of
Civil Procedure.
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
LC2025-000025-001 DT
01/24/2025
Docket Code 023
Form L000
Page 2
IT IS FURTHER ORDERED that Appellant provide both Appellees with a copy of this
minute entry.
IT IS FURTHER ORDERED that Appellant shall file a notice of action as required by
A.R.S. § 12–904(B).
IT IS FURTHER ORDERED that Appellant shall order and make arrangements to pay for
the preparation of pertinent portions of the record as required by A.R.S. § 12–904(B).
IT IS FURTHER ORDERED that a Notice of Appearance from all Appellees shall be due
20 days from the date of service of Appellant’s appeal.
Appellant is advised that, if 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 Appellant and a notice to this Court that the transmittal has occurred.
IT IS FURTHER ORDERED that Appellant and Appellees are to file briefs in accordance
with Rule 6 of the Rules of Procedure for Judicial Review of Administrative Decisions.
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.
04/17/2025 — LC2025000025 N H REVOCABLE TRUST, A Z 04/17/2025 HONORABLE JOSEPH P. MIKITISH View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
04/21/2025 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
LC2025-000025-001 DT
04/17/2025
Docket Code 512
Form L000
Page 1
CLERK OF THE COURT
HONORABLE JOSEPH P. MIKITISH
N. Johnson
Deputy
A Z N H REVOCABLE TRUST
JOHN SULLIVAN
SUSAN SULLIVAN
JOHN SULLIVAN
v.
ARIZONA DEPARTMENT OF REAL ESTATE
(001)
SUNLAND SPRINGS VILLAGE
HOMEOWNERS ASSOCIATION (001)
LYNETTE EVANS
B AUSTIN BAILLIO
JUDGE MIKITISH
REMAND DESK-LCA-CCC
MINUTE ENTRY
ORDER OF DISMISSAL
The Court has received and reviewed the Motion for Evidentiary Hearing to Introduce
Additional Evidence filed by the appellant AZNH Revocable Trust on January 21, 2025, the
response thereto filed by the Appellee Sunland Springs Village Homeowners Association on
February 18, 2025, and AZNH reply filed on February 19, 2025.
In the Motion, AZNH argues that it filed a petition with the Department of Real Estate (the
Department) alleging that Sunland Springs violated state law by failing 1) to retain all ballots and
related materials, and 2) to make them available for inspection. A.R.S. § 33-1812. It argues that
the Department held hearing through the Office of Administrative Hearings and concluded that
Sunland Springs did not violate the law because voting was done through an electronic user
interface without ballots. AZNH argues that, after the Department’s Decision, AZNH obtained an
electronic ballot which Sunland Springs had in its custody but failed to produce. AZNH requests
an Evidentiary Hearing to present the additional evidence. It argues that a remand to the Agency
is unnecessary because the Office of Administrative Hearings conducts Department hearings
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
LC2025-000025-001 DT
04/17/2025
Docket Code 512
Form L000
Page 2
without experts in the Department’s regulatory arena. Therefore, it argues that this Court is in as
good a position to conduct the hearing as the Department.
Sunland Springs argues that an Evidentiary Hearing simply to present additional evidence
is not contemplated by the rules. It argues that the evidence presented by AZNH is inadmissible
and belongs to VoteHOANow and is not a part of the records of the Association. It argues that the
Department and Office of Administrative Hearings has extensive experience in HOA disputes and
should be the proper venue for resolving AZNH’s request.
The applicable rules of procedure provide that any party seeking to introduce exhibits or
testimony (or both) not offered during the administrative hearing must file a written motion
identifying the evidence, setting forth the appropriate legal authority in support of its admission,
and addressing whether a remand to the Agency is appropriate. Rule 10, Rules of Procedure for
Judicial Review of Administrative Decisions. Arizona Law provides that the Superior Court may,
when a hearing has been held by an agency, remand for the purpose of taking additional evidence
when from the state of the record of the administrative agency or otherwise it appears that such
action is just. A.R.S. § 12-911.
In this case, the background of the documents, the entity owning and storing the documents,
and the details of the use of various technologies in the HOA election all require detailed analysis
through a hearing.
THE COURT FINDS that the Department is in the best position to conduct the hearing.
Therefore,
IT IS ORDERED denying the Motion for the Superior Court to conduct an Evidentiary
Hearing.
IT IS FURTHER ORDERED dismissing the appeal and remanding the matter to the
Department to conduct an Evidentiary Hearing to address the additional evidence proposed by
AZNH.
No matters remain pending in connection with this appeal. This is a final order. See Rules
12(c), 12(d), 14(b), Sup. Ct. R. App. P. – Civil and Rule 54(c), Ariz. R. Civ. P.
/s/ Joseph P. Mikitish
THE HON. JOSEPH P. MIKITISH
Judge of the Superior Court
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
LC2025-000025-001 DT
04/17/2025
Docket Code 512
Form L000
Page 3
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.
09/04/2025 — LC2025000025 N H REVOCABLE TRUST, A Z 09/04/2025 HONORABLE JOSEPH P. MIKITISH View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
09/05/2025 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
LC2025-000025-001 DT
09/04/2025
Docket Code 056
Form L000
Page 1
CLERK OF THE COURT
HONORABLE JOSEPH P. MIKITISH
J. Eaton
Deputy
A Z N H REVOCABLE TRUST
JOHN SULLIVAN
SUSAN SULLIVAN
JOHN SULLIVAN
v.
ARIZONA DEPARTMENT OF REAL ESTATE
(001)
SUNLAND SPRINGS VILLAGE
HOMEOWNERS ASSOCIATION (001)
LYNETTE EVANS
B AUSTIN BAILLIO
JUDGE MIKITISH
REMAND DESK-LCA-CCC
MINUTE ENTRY
The Court is in receipt of Plaintiffs/Appellants’ August 27, 2025 Motion to Enforce
Judgment and for Order to Show Cause and the related documents.
IT IS ORDERED setting a virtual Order to Show Cause Return hearing on September
17, 2025, at 11:00 a.m.
The return hearing is a 15-minute proceeding. No evidence will be taken. The Court will
determine if more time is needed and will set additional hearings as appropriate. All parties,
whether represented by attorneys or not, must be present. If a party fails to appear, the Court may
make such orders as are just, including granting the relief requested by the party who does appear.
This hearing will be conducted through Court Connect. Hearings are preferably conducted by
videoconference but can also be conducted by phone. Lawyers (and self-represented litigants)
are responsible for distributing this notice to anyone who will be appearing on their
behalf. All participants must use the web link or the dial in information below to participate.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
LC2025-000025-001 DT
09/04/2025
Docket Code 056
Form L000
Page 2
Participants: Please follow the steps below to participate in the proceeding which will
be conducted remotely.
1. Click the link here Click here to join the meeting (or enter www.tinyurl.com/jbazmc-
lcj01) in the browser of your computer/device).
2. Enter your full name and role in name field.
3. Wait for the facilitator to admit you to the proceeding (note that you may wait to be
admitted and the Court may not be able to communicate with you while you wait).
Or call in (audio only)
Dial-in Information: +1 917-781-4590,,5402598# United States, New York City
Dial-in Access Code: 540 259 8#
To ensure an optimal experience, please review the brief Court Connect training prior to
the hearing: https://superiorcourt.maricopa.gov/virtual-justice/
NOTE: All court proceedings are made digitally in lieu of a court reporter. Pursuant to
Local Rule 2.22, if a party desires a court reporter for any proceeding in which a court reporter is
not mandated by Arizona Supreme Court Rule 30, the party must submit a written request to the
assigned judicial officer at least ten (10) judicial days in advance of the hearing, and must pay the
authorized fee to the Clerk of the Court at least two (2) judicial days before the proceeding. The
fee is $140 for a half-day and $280 for a full day.
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.
09/17/2025 — LC2025000025 N H REVOCABLE TRUST, A Z 09/17/2025 HONORABLE JOSEPH P. MIKITISH View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
09/19/2025 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
LC2025-000025-001 DT
09/17/2025
Docket Code 005
Form L000
Page 1
CLERK OF THE COURT
HONORABLE JOSEPH P. MIKITISH
S. Ortega
Deputy
A Z N H REVOCABLE TRUST
JOHN SULLIVAN
SUSAN SULLIVAN
JOHN SULLIVAN
v.
ARIZONA DEPARTMENT OF REAL ESTATE
(001)
SUNLAND SPRINGS VILLAGE
HOMEOWNERS ASSOCIATION (001)
DEANIE J REH
B AUSTIN BAILLIO
RAYA GARDNER
CHAD M GALLACHER
JUDGE MIKITISH
REMAND DESK-LCA-CCC
MINUTE ENTRY
Old Courthouse – Courtroom 001-VC-CV
11:03 a.m. This is the time set for a virtual Order to Show Cause Return Hearing regarding
Appellants’ August 27, 2025 Motion to Enforce Judgment and for Order to Show Cause.
Appellants, John F. Sullivan and Susan Sullivan, are present on their own behalf and on behalf of
Appellant, AZNH Revocable Trust. Appellee, Arizona Department of Real Estate, is represented
by counsel, Deanie Reh and Raya Gardner for the Arizona Attorney General’s Office. Appellee,
Sunland Springs Village Homeowners Association (“HOA”), is represented by counsel, Chad
Gallacher. Kathy Fowler, General Manager for Appellee, Sunland Springs Village Homeowners
Association, is also present.
A record of the proceedings is made digitally in lieu of a court reporter.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
LC2025-000025-001 DT
09/17/2025
Docket Code 005
Form L000
Page 2
The Court has reviewed Plaintiff/Appellant’s Motion to Enforce Judgment and For Order
to Show Cause, filed August 27, 2025, and the related Responses and Reply.
Discussion is held regarding the subpoenas issued per Mr. Sullivan’s request and the
exhibits.
Discussion is held regarding case status.
Based on the discussions held on the record,
IT IS ORDERED denying any requests for relief in the Motion to Enforce Judgment and
for Order to Show Cause, filed August 27, 2025.
The Court will not be issuing any other orders in this matter.
11:17 a.m. Hearing concludes.
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.
