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CACTUS WREN v. DEPT. OF BLDG. & FIRE SAFETY

No. 1 CA-CV 91-0263.

177 Ariz. 559 (1993)

869 P.2d 1212

CACTUS WREN PARTNERS, an Arizona General Partnership, d/b/a Desert Skies Mobile Home Park, Plaintiff-Appellant, v. ARIZONA DEPARTMENT OF BUILDING AND FIRE SAFETY, an agency of the State of Arizona; Pat Amos; Lois F. Liebhart; Jane Magga; Frank Fotos; Violet Curtis; Don Blackwell; Betty Strebe; Cecelia M. Hopkins; Sharon Sass Buick; Virgil Rawlings; Margaret Culkin; Matilda Safford; Dean K. Brown; John W. Schilling; Marie Dombek; B.C. Try; Marguerita Koss; and Dorothy Cholinski, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department B.

Review Denied April 5, 1994.

Attorney(s) appearing for the Case

Parham & Cox by Michael A. Parham, Phoenix, for plaintiff-appellant.

Grant Woods, Atty. Gen. by Elizabeth J. Stewart, Asst. Atty. Gen., Phoenix, for defendant-appellee Arizona Dept. of Bldg. and Fire Safety.

Walter J. Reynolds, Jr., Mesa, for defendants-appellees Tenants.

OPINION

EHRLICH, Presiding Judge.

Cactus Wren Partners ("Cactus Wren") appeals from a superior court judgment determining that the adjudicative authority exercised by a mobile home parks hearing officer ("hearing officer") of the Arizona Department of Building and Fire Safety ("Department") did not violate Article III of the Arizona Constitution. It also appeals from the court's affirmation of the officer's directive to Cactus Wren to refund administrative...

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