Case Summary
| Case ID | 21F-H2121040-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2022-03-30 |
| Administrative Law Judge | Thomas Shedden |
| Outcome | full |
| Filing Fees Refunded | $500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Marc Archer | Counsel | — |
|---|---|---|---|
| Respondent | PMPE Community Association, Inc. | Counsel | Nicholas C. S. Nogami |
Alleged Violations
ARIZ. REV. STAT. section 33-1817(B)(3)
Outcome Summary
The Association unreasonably withheld approval for Marc Archer's two-story garage addition, thereby violating ARIZ. REV. STAT. § 33-1817(B)(3). The Association was ordered to grant preliminary approval for the design and refund the $500 filing fee.
Key Issues & Findings
Unreasonable withholding of architectural approval
The Association unreasonably withheld preliminary approval for the Petitioner's January 2020 two-story garage addition request. The ALJ determined that none of the three reasons provided by the Association for the denial were reasonable.
Orders: The Association must grant preliminary approval for the proposed design and must pay the Petitioner his filing fee of $500.00 within thirty days of the Order.
Filing fee: $500.00, Fee refunded: Yes
Disposition: petitioner_win
- ARIZ. REV. STAT. § 33-1817(B)(3)
- ARIZ. REV. STAT. § 32-2199.02(A)
- AR Section 1.1
- AR Section 4.4
- AR Section 4.2
Analytics Highlights
- ARIZ. REV. STAT. § 33-1817(B)(3)
- ARIZ. REV. STAT. § 32-2199.02(A)
- ARIZ. ADMIN. CODE § R2-19-119
- AR Section 1.1
- AR Section 4.4
- AR Section 4.2
