Case Summary
| Case ID |
08F-H089012-BFS |
| Agency |
DFBLS |
| Tribunal |
OAH |
| Decision Date |
2009-01-26 |
| Administrative Law Judge |
Lewis D. Kowal |
| Outcome |
dismissed |
| Filing Fees Refunded |
$0.00 |
| Civil Penalties |
$0.00 |
Parties & Counsel
| Petitioner |
Maribeth Price |
Counsel |
— |
| Respondent |
Ballantrae Ridge Homeowners Association |
Counsel |
— |
Outcome Summary
The Administrative Law Judge dismissed the petition with prejudice and vacated the hearing following a Stipulated Motion to Dismiss filed by the parties.
Why this result: The parties filed a Stipulated Motion to Dismiss with Prejudice.
Key Issues & Findings
Dismissal
The matter was dismissed based on a Stipulated Motion to Dismiss.
Orders: The Administrative Law Judge granted the Stipulated Motion to Dismiss Petitioner’s Complaint with Prejudice and vacated the hearing.
Filing fee: $0.00, Fee refunded: No
Disposition: dismissed
Decision Documents
08F-H089012-BFS Decision – 206537.pdf
Uploaded 2026-01-27T21:09:15 (57.0 KB)
Briefing Doc – 08F-H089012-BFS
Administrative Briefing: Maribeth Price vs. Ballantrae Ridge Homeowners Association (Case No. 08F-H089012-BFS)
Executive Summary
This briefing outlines the final administrative resolution of the matter Maribeth Price vs. Ballantrae Ridge Homeowners Association. Following a stipulated motion filed by both parties, the Arizona Office of Administrative Hearings has formally dismissed the petitioner’s complaint with prejudice and vacated all scheduled proceedings. This order, issued on January 26, 2009, serves as the final administrative decision regarding the dispute originally filed with the Arizona Department of Fire, Building and Life Safety.
Case Overview
The matter involved a legal dispute between an individual petitioner and a nonprofit homeowner association. The proceedings were conducted under the jurisdiction of the Arizona Office of Administrative Hearings.
• Petitioner: Maribeth Price
• Respondent: Ballantrae Ridge Homeowners Association (an Arizona nonprofit corporation)
• Case Number: 08F-H089012-BFS
• Presiding Official: Lewis D. Kowal, Administrative Law Judge
Procedural Timeline and Final Action
The resolution of this case was reached through mutual agreement between the involved parties, leading to the following sequence of events:
• January 23, 2009: The Office of Administrative Hearings received a “Stipulated Motion to Dismiss Petitioner’s Complaint with Prejudice and Request to Vacate Hearing.”
• January 26, 2009: The scheduled hearing was officially vacated from the Office of Administrative Hearings docket.
• Final Disposition: In accordance with the joint motion, the petition—initially filed with the Arizona Department of Fire, Building and Life Safety—was dismissed with prejudice.
Legal Authority and Status
The dismissal of this case is governed by specific Arizona Revised Statutes. Under A.R.S. § 41.2198.04(A), the order issued by Administrative Law Judge Lewis D. Kowal constitutes the final administrative decision for this matter. By dismissing the case “with prejudice,” the order signifies a permanent end to the specific claims raised in the petition.
Key Stakeholders and Legal Representation
The following table identifies the legal representatives and departmental contacts involved in the distribution of the final order:
Entity/Role
Name and Affiliation
Location
Administrative Law Judge
Lewis D. Kowal
Phoenix, AZ
Departmental Oversight
Robert Barger, Director (Attn: Debra Blake)
Dept. of Fire Building and Life Safety, Phoenix, AZ
Legal Counsel
Troy B. Stratman, Esq. (Mack Drucker & Watson, P.L.L.C.)
Phoenix, AZ
Legal Counsel
Mark K. Saho, Esq. (Carpenter Hazelwood Delgado & Wood, PLC)
Tempe, AZ
Conclusion
The matter of Price vs. Ballantrae Ridge Homeowners Association has been concluded without a full evidentiary hearing. The use of a stipulated motion indicates that the parties reached a settlement or mutual agreement to terminate the litigation, resulting in a final administrative order that vacates all future hearings and removes the case from the active docket.
Study Guide – 08F-H089012-BFS
Study Guide: Price v. Ballantrae Ridge Homeowners Association Legal Proceedings
This study guide provides a comprehensive review of the administrative legal documents pertaining to the case of Maribeth Price versus Ballantrae Ridge Homeowners Association. It is designed to facilitate a deep understanding of the procedural actions, parties involved, and the final resolution of the matter within the Arizona Office of Administrative Hearings.
——————————————————————————–
Part 1: Short-Answer Quiz
Instructions: Answer the following questions in two to three sentences based on the information provided in the source context.
1. Who are the primary parties involved in this administrative case?
2. What specific office was responsible for overseeing this matter, and where is it located?
3. What was the nature of the motion received by the Office of Administrative Hearings on January 23, 2009?
4. What was the specific outcome regarding the hearing originally scheduled for January 26, 2009?
5. Who served as the presiding official over this matter, and what is their formal title?
6. According to the order, what is the legal status of the decision rendered on January 26, 2009?
7. Under which Arizona Revised Statute (A.R.S.) is the finality of this administrative decision established?
8. With which state department was the original petition filed before reaching the Office of Administrative Hearings?
9. Which individuals or entities were designated to receive mailed copies of the final order?
10. What is the official case identification number for this proceeding?
——————————————————————————–
Part 2: Quiz Answer Key
1. The Parties: The Petitioner is Maribeth Price, and the Respondent is the Ballantrae Ridge Homeowners Association. The Respondent is identified as an Arizona nonprofit corporation.
2. The Venue: The matter was handled by the Office of Administrative Hearings. This office is located at 1400 West Washington, Suite 101, Phoenix, Arizona 85007.
3. The Motion: On January 23, 2009, the office received a Stipulated Motion to Dismiss Petitioner’s Complaint with Prejudice. This filing also included a Request to Vacate the Hearing that had been scheduled for January 26, 2009.
4. The Hearing Status: In accordance with the stipulated motion, the hearing was officially vacated from the Office of Administrative Hearings docket. This means the scheduled legal proceeding was cancelled and will not take place.
5. Presiding Official: The order was issued and signed by Lewis D. Kowal. His official title is Administrative Law Judge.
6. Finality of Decision: The document explicitly states that the order serves as the final administrative decision for the case. By dismissing the petition and vacating the hearing, the Office of Administrative Hearings concluded the matter.
7. Statutory Authority: The finality of the administrative decision is supported by A.R.S. § 41.2198.04(A). This statute is cited to provide the legal basis for the order’s conclusion.
8. Original Filing Department: The original petition was filed with the Arizona Department of Fire, Building and Life Safety. The matter was subsequently transitioned to the Office of Administrative Hearings for adjudication.
9. Recipients of the Order: Copies were transmitted to Robert Barger (Director of the Department of Fire, Building and Life Safety), Troy B. Stratman of Mack Drucker & Watson, P.L.L.C., and Mark K. Saho of Carpenter Hazelwood Delgado & Wood, PLC.
10. Case Number: The proceeding is cataloged under case number 08F-H089012-BFS. This number is used to identify the specific dispute between Maribeth Price and the Ballantrae Ridge Homeowners Association.
——————————————————————————–
Part 3: Essay Questions
Instructions: Use the provided source context to develop detailed responses to the following prompts. (Answers not provided).
1. The Significance of Stipulation: Analyze the role of a “Stipulated Motion” in the context of this case. How does a mutual agreement between a Petitioner and a Respondent change the trajectory of an administrative hearing?
2. Administrative Hierarchy: Discuss the relationship between the Arizona Department of Fire, Building and Life Safety and the Office of Administrative Hearings as suggested by the path of Maribeth Price’s petition.
3. Legal Finality: Explain the implications of an order being designated as a “final administrative decision” under A.R.S. § 41.2198.04(A). Why is it necessary for an Administrative Law Judge to explicitly state this in the order?
4. Dismissal with Prejudice: Explore the legal weight of dismissing a complaint “with prejudice” within the framework of a dispute involving a Homeowners Association. What does this term imply about the Petitioner’s ability to refile the same claim?
5. Procedural Efficiency: Evaluate the process of “vacating” a hearing. How does the receipt of a motion just three days prior to a scheduled hearing (January 23 to January 26) reflect the administrative handling of legal dockets?
——————————————————————————–
Part 4: Glossary of Key Terms
Definition
Administrative Law Judge (ALJ)
A presiding official (in this case, Lewis D. Kowal) who hears and decides cases for a state or federal agency.
A.R.S. § 41.2198.04(A)
The specific Arizona Revised Statute cited as the authority for the finality of the administrative decision.
Dismissal with Prejudice
A final judgment on the merits of a case which prevents the petitioner from bringing the same lawsuit or complaint again in the future.
Docket
The official schedule or list of cases to be heard by the Office of Administrative Hearings.
Final Administrative Decision
An order that concludes the agency’s involvement in a case, making it the definitive ruling on the matter at the administrative level.
Nonprofit Corporation
The legal status of the Respondent, Ballantrae Ridge Homeowners Association, indicating it is organized for purposes other than turning a profit for shareholders.
Petitioner
The party who initiates a legal proceeding or petition (in this case, Maribeth Price).
Respondent
The party against whom a petition is filed or who is required to answer a legal claim (in this case, Ballantrae Ridge Homeowners Association).
Stipulated Motion
A formal request made to the court or judge in which both parties (Petitioner and Respondent) have agreed upon the terms.
Vacate
To cancel or annul a scheduled legal proceeding, such as a hearing.
Blog Post – 08F-H089012-BFS
Study Guide: Price v. Ballantrae Ridge Homeowners Association Legal Proceedings
This study guide provides a comprehensive review of the administrative legal documents pertaining to the case of Maribeth Price versus Ballantrae Ridge Homeowners Association. It is designed to facilitate a deep understanding of the procedural actions, parties involved, and the final resolution of the matter within the Arizona Office of Administrative Hearings.
——————————————————————————–
Part 1: Short-Answer Quiz
Instructions: Answer the following questions in two to three sentences based on the information provided in the source context.
1. Who are the primary parties involved in this administrative case?
2. What specific office was responsible for overseeing this matter, and where is it located?
3. What was the nature of the motion received by the Office of Administrative Hearings on January 23, 2009?
4. What was the specific outcome regarding the hearing originally scheduled for January 26, 2009?
5. Who served as the presiding official over this matter, and what is their formal title?
6. According to the order, what is the legal status of the decision rendered on January 26, 2009?
7. Under which Arizona Revised Statute (A.R.S.) is the finality of this administrative decision established?
8. With which state department was the original petition filed before reaching the Office of Administrative Hearings?
9. Which individuals or entities were designated to receive mailed copies of the final order?
10. What is the official case identification number for this proceeding?
——————————————————————————–
Part 2: Quiz Answer Key
1. The Parties: The Petitioner is Maribeth Price, and the Respondent is the Ballantrae Ridge Homeowners Association. The Respondent is identified as an Arizona nonprofit corporation.
2. The Venue: The matter was handled by the Office of Administrative Hearings. This office is located at 1400 West Washington, Suite 101, Phoenix, Arizona 85007.
3. The Motion: On January 23, 2009, the office received a Stipulated Motion to Dismiss Petitioner’s Complaint with Prejudice. This filing also included a Request to Vacate the Hearing that had been scheduled for January 26, 2009.
4. The Hearing Status: In accordance with the stipulated motion, the hearing was officially vacated from the Office of Administrative Hearings docket. This means the scheduled legal proceeding was cancelled and will not take place.
5. Presiding Official: The order was issued and signed by Lewis D. Kowal. His official title is Administrative Law Judge.
6. Finality of Decision: The document explicitly states that the order serves as the final administrative decision for the case. By dismissing the petition and vacating the hearing, the Office of Administrative Hearings concluded the matter.
7. Statutory Authority: The finality of the administrative decision is supported by A.R.S. § 41.2198.04(A). This statute is cited to provide the legal basis for the order’s conclusion.
8. Original Filing Department: The original petition was filed with the Arizona Department of Fire, Building and Life Safety. The matter was subsequently transitioned to the Office of Administrative Hearings for adjudication.
9. Recipients of the Order: Copies were transmitted to Robert Barger (Director of the Department of Fire, Building and Life Safety), Troy B. Stratman of Mack Drucker & Watson, P.L.L.C., and Mark K. Saho of Carpenter Hazelwood Delgado & Wood, PLC.
10. Case Number: The proceeding is cataloged under case number 08F-H089012-BFS. This number is used to identify the specific dispute between Maribeth Price and the Ballantrae Ridge Homeowners Association.
——————————————————————————–
Part 3: Essay Questions
Instructions: Use the provided source context to develop detailed responses to the following prompts. (Answers not provided).
1. The Significance of Stipulation: Analyze the role of a “Stipulated Motion” in the context of this case. How does a mutual agreement between a Petitioner and a Respondent change the trajectory of an administrative hearing?
2. Administrative Hierarchy: Discuss the relationship between the Arizona Department of Fire, Building and Life Safety and the Office of Administrative Hearings as suggested by the path of Maribeth Price’s petition.
3. Legal Finality: Explain the implications of an order being designated as a “final administrative decision” under A.R.S. § 41.2198.04(A). Why is it necessary for an Administrative Law Judge to explicitly state this in the order?
4. Dismissal with Prejudice: Explore the legal weight of dismissing a complaint “with prejudice” within the framework of a dispute involving a Homeowners Association. What does this term imply about the Petitioner’s ability to refile the same claim?
5. Procedural Efficiency: Evaluate the process of “vacating” a hearing. How does the receipt of a motion just three days prior to a scheduled hearing (January 23 to January 26) reflect the administrative handling of legal dockets?
——————————————————————————–
Part 4: Glossary of Key Terms
Definition
Administrative Law Judge (ALJ)
A presiding official (in this case, Lewis D. Kowal) who hears and decides cases for a state or federal agency.
A.R.S. § 41.2198.04(A)
The specific Arizona Revised Statute cited as the authority for the finality of the administrative decision.
Dismissal with Prejudice
A final judgment on the merits of a case which prevents the petitioner from bringing the same lawsuit or complaint again in the future.
Docket
The official schedule or list of cases to be heard by the Office of Administrative Hearings.
Final Administrative Decision
An order that concludes the agency’s involvement in a case, making it the definitive ruling on the matter at the administrative level.
Nonprofit Corporation
The legal status of the Respondent, Ballantrae Ridge Homeowners Association, indicating it is organized for purposes other than turning a profit for shareholders.
Petitioner
The party who initiates a legal proceeding or petition (in this case, Maribeth Price).
Respondent
The party against whom a petition is filed or who is required to answer a legal claim (in this case, Ballantrae Ridge Homeowners Association).
Stipulated Motion
A formal request made to the court or judge in which both parties (Petitioner and Respondent) have agreed upon the terms.
Vacate
To cancel or annul a scheduled legal proceeding, such as a hearing.
Case Participants
Petitioner Side
- Maribeth Price (Petitioner)
Neutral Parties
- Lewis D. Kowal (ALJ)
Office of Administrative Hearings
- Robert Barger (Director)
Department of Fire Building and Life Safety
- Debra Blake (Agency Staff)
Department of Fire Building and Life Safety
H/C ATTN
Other Participants
- Troy B. Stratman (Attorney)
Mack Drucker & Watson, P.L.L.C.
Listed in transmission copy list; specific party representation not explicitly stated in text.
- Mark K. Saho (Attorney)
Carpenter Hazelwood Delgado & Wood, PLC
Listed in transmission copy list; specific party representation not explicitly stated in text.
