Case Summary
| Case ID | 23F-H026-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2023-04-04 |
| Administrative Law Judge | Sondra J. Vanella |
| Outcome | loss |
| Filing Fees Refunded | $500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Elizabeth Flint | Counsel | — |
|---|---|---|---|
| Respondent | Citation Gardens Cooperative #1 | Counsel | Andrew Vizcarra |
Alleged Violations
A.R.S. § 33-1816(A)
Outcome Summary
The Administrative Law Judge dismissed the petition, finding that the Respondent, Citation Gardens Cooperative #1, does not meet the statutory definition of a planned community, and therefore, the statute prohibiting the denial of solar panels (A.R.S. § 33-1816) does not apply.
Why this result: Petitioner failed to establish by a preponderance of the evidence that Respondent violated A.R.S. § 33-1816, as the ALJ determined a cooperative's purposes and functions are separate and distinct from those of a planned community, excluding it from the planned community definition.
Key Issues & Findings
Denial of request to install solar panels
Petitioner alleged Respondent violated A.R.S. § 33-1816(A) by prohibiting the installation of a solar energy device, arguing the Cooperative qualifies as a planned community. Respondent argued it was a Cooperative Corporation, not a planned community, and the statute did not apply.
Orders: No action is required of Respondent in this matter, and the petition is dismissed.
Filing fee: $500.00, Fee refunded: No
Disposition: petitioner_loss
- A.R.S. § 33-1816
- A.R.S. § 33-1802
- A.A.C. R2-19-119(A)
- A.A.C. R2-19-119(B)(1)
Analytics Highlights
- A.R.S. § 33-1816
- A.R.S. § 33-1802
- A.R.S. § 32-2199.01(A)