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GELB v. DEPARTMENT OF FIRE, BLDG. AND LIFE

No. 1 CA CV 09-0744.

241 P.3d 512 (2010)

Chris GELB, Plaintiff/Appellant, v. DEPARTMENT OF FIRE, BUILDING AND LIFE SAFETY, a political subdivision of the State of Arizona; Sedona Casa Contenta Homeowners Association, Inc., an Arizona non-profit corporation, Defendants/Appellees.

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

October 28, 2010.

Attorney(s) appearing for the Case

Aspey, Watkins & Diesel, P.L.L.C. By Frederick M. "Fritz" Aspey and Carson T.H. Emmons and Diana J. Elston, Flagstaff, Attorneys for Plaintiff/Appellant.

Terry Goddard, Attorney General By Camila Alarcon, Assistant Attorney General, Phoenix, Attorneys for Defendant/Appellee Department of Fire, Building and Life Safety.

Carpenter, Hazlewood, Delgado & Wood, PLC By Jason E. Smith and Mark K. Sahl and Carrie H. Smith, Tempe, Attorneys for Defendant/Appellee Sedona Casa Contenta Homeowners Association, Inc.

OPINION

THUMMA, Judge.*

¶ 1 This appeal arises out of a dispute between a homeowner, plaintiff/appellant Chris Gelb ("Gelb"), and her homeowners' association, defendant/appellee Sedona Casa Contenta Homeowners Association ("HOA"), regarding the application of the conditions, covenants, and restrictions ("CC&Rs") governing Gelb's property. The dispositive issue is whether a statutory administrative hearing process for...

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