Briefing on Case No. 18F-H1817002-REL-RHG: Herbert v. Blackstone at Vistancia

Executive Summary

This briefing details the resolution of case number 18F-H1817002-REL-RHG, a dispute between Petitioner Brian C. Herbert and Respondent Blackstone at Vistancia Community Association. The central development is that the parties reached a settlement, leading their attorneys to jointly file a motion to vacate the scheduled hearing. On January 3, 2018, Administrative Law Judge Diane Mihalsky of the Arizona Office of Administrative Hearings granted this motion. The hearing scheduled for January 5, 2018, was officially vacated, and the case was remanded to the Director of the Arizona Department of Real Estate for subsequent action.

Case Overview

• Case Number: 18F-H1817002-REL-RHG

• Forum: The Office of Administrative Hearings, Phoenix, Arizona

• Petitioner: Brian C. Herbert

• Respondent: Blackstone at Vistancia Community Association

• Presiding Judge: Diane Mihalsky, Administrative Law Judge

Key Development: Settlement and Hearing Vacation

The primary catalyst for the case’s disposition was a mutual agreement between the parties.

• Settlement Reached: The document explicitly states that the parties “have reached a settlement.”

• Joint Motion: Following the settlement, the attorneys for both the Petitioner and the Respondent filed a joint motion to vacate the hearing on the merits of the case.

• Hearing Canceled: The order formally vacates the “continued hearing that had been scheduled on January 5, 2018, at 8:30 a.m.”

Judicial Orders and Disposition

On January 3, 2018, Judge Diane Mihalsky issued two definitive orders that concluded the proceedings at the Office of Administrative Hearings:

1. Order to Vacate: The first order vacates the hearing scheduled for January 5, 2018. The document states: “IT IS ORDERED vacating the continued hearing that had been scheduled on January 5, 2018, at 8:30 a.m.”

2. Order to Remand: The second order remands, or sends back, the matter to a different state body for final processing. It specifies: “IT IS FURTHER ORDERED remanding this matter under A.A.C. R2-19-111(3) to the Director of the Arizona Department of Real Estate for further action.”

Parties and Legal Representation

The following table details the key individuals and firms involved in the legal matter.

Name/Entity

Legal Counsel

Law Firm

Contact Information

Petitioner

Brian C. Herbert

Jeffrey D. Harris, Esq.

Titus Brueckner & Levine, PLC

jharris@tbl-law.com
8355 East Hartford Drive, Suite 200, Scottsdale, AZ 85255

Respondent

Blackstone at Vistancia Community Association

Stewart F. Salwin, Esq.
Lydia A. Peirce Linsmeier, Esq.

Carpenter, Hazlewood, Delgado & Bolen, PLC

stewart@carpenterhazlewood.com
Lydia.Linsmeier@carpenterhazlewood.com
1400 E. Southern Ave., Suite 400, Tempe, AZ 85282

Administrative Details

• Order Date: The order was issued on January 3, 2018.

• Transmission: The document was transmitted on January 3, 2018, by “M.Aguirre” via mail, email, or facsimile.

• Recipients of the Order:

◦ Arizona Department of Real Estate:

▪ Judy Lowe, Commissioner

▪ Additional staff: jlowe@azre.gov, LDettorre@azre.gov, AHansen@azre.gov, djones@azre.gov, DGardner@azre.gov, ncano@azre.gov

◦ Legal Counsel: All attorneys listed in the table above.