Cactus Wren Partners V. Arizona Department Of Building And Fire Safety

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 fees and trash and sewage service charges it assessed its tenants. We conclude that the powers exercised by the hearing officer did not unconstitutionally infringe upon judicial authority nor deprive Cactus Wren of its right to a jury trial. We also affirm the order to Cactus Wren to refund its administrative fees and service charges.