Case Summary
| Case ID | 25F-H017-REL-RHG |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2025-07-03 |
| Administrative Law Judge | Kay A. Abramsohn |
| Outcome | loss |
| Filing Fees Refunded | $0.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Samantha and Millard C. Finch | Counsel | — |
|---|---|---|---|
| Respondent | Mountain Gate Community aka Copper Canyon Ranch | Counsel | B. Austin Baillio |
Alleged Violations
A.R.S. § 32-2199.04
Outcome Summary
The Administrative Law Judge dismissed the Petitioners' Dispute Petition, concluding that Petitioners failed to prove any errors in the administration or rejection of evidence or errors of law during the previous administrative hearing, which was the sole basis for the rehearing.
Why this result: Petitioners failed to satisfy their burden of proof to show procedural or evidentiary errors as required by the limited scope of the rehearing granted by the Department of Real Estate. Arguments focused on disagreement with the findings of the original decision, which were outside the scope.
Key Issues & Findings
Error in the administration or rejection of evidence or other errors occurring during the proceeding
The rehearing was limited to determining if errors occurred during the previous proceeding regarding the admission or rejection of evidence or errors of law. Petitioners alleged improper use of A.R.S. § 33-1807 by the original ALJ and claimed their evidence was rejected or not considered. The ALJ found that Petitioners failed to meet the burden of proof.
Orders: Petitioners' Dispute Petition is Dismissed. The underlying ALJ Decision is binding.
Filing fee: $0.00, Fee refunded: No
Disposition: respondent_win
- A.R.S. § 32-2199.04
- A.R.S. § 33-1807
- A.R.S. § 33-1803
Analytics Highlights
- A.R.S. § 32-2199.04
- A.R.S. § 41-1092.09
- A.R.S. § 12-904(A)
- A.R.S. § 33-1807
- A.R.S. § 33-1803