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HERITAGE AT CAREFREE v. DEP'T OF HEALTH

No. 1 CA-CV 19-0399.

471 P.3d 658 (2020)

HERITAGE AT CAREFREE LLC, Plaintiff/Appellant, v. ARIZONA DEPARTMENT OF HEALTH SERVICES, Defendant/Appellee.

Court of Appeals of Arizona, Division 1.

FILED July 16, 2020.

Attorney(s) appearing for the Case

Jennings, Strouss & Salmon, P.L.C., Phoenix, By Jimmie W. Pursell, Jr. , Counsel for Plaintiff/Appellant.

Arizona Attorney General's Office, Phoenix, By Patricia Cracchiolo LaMagna , Aubrey Joy Corcoran , Counsel for Defendant/Appellee.

Presiding Judge Samuel A. Thumma delivered the opinion of the Court, in which Judge Randall M. Howe and Chief Judge Peter B. Swann joined.

OPINION

¶1 Through an owner and an employee's family member, Heritage at Carefree Senior Living held powers of attorney for two of its residents. The Arizona Department of Health Services (ADHS) found this conduct violated an administrative rule and imposed a $2,200 civil penalty. After unsuccessful challenges administratively...

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