Wildwood Hills Mobile Home Park v. Arizona Department of Building and Fire Safety
In Wildwood Hills Mobile Home Park v. Arizona Department of Building and Fire Safety, 180 Ariz. 443, 885 P.2d 131 (App. 1994), the landlord of a mobile home park sought judicial review of an administrative hearing officer's decision awarding the mobile home tenants reimbursement for rental overcharges. Id. at 446, 885 P.2d at 134.
In the exercise of our discretion, the Court declined to award attorneys' fees under A.R.S. 33-1408(C) to the prevailing landlord. Id. at 449-50, 885 P.2d at 137-38.
Because A.R.S. 33-1408(C) resembles A.R.S. 12-341.01(A), we based this decision on factors listed in Associated Indemnity Corp. v. Warner, 143 Ariz. 567, 569-70, 694 P.2d 1181, 1183-84 (1985). Wildwood, 180 Ariz. at 450, 885 P.2d at 138.