Arizona Court of Appeals Division One holds that filing a complaint for special action relief does not qualify as timely review of an administrative decision under the Arizona Administrative Review Act.

A couple sought review of a decision of the county planning department with the county Board of Adjustment.  The county planning department had found that the couple violated several zoning ordinances when they built additional structures on their property.  The Board of Adjustment affirmed the decision of the planning department.

The couple then filed a special action complaint in superior court, alleging that the planning department’s decision was “not supported by fact or law” and the product of “improper retaliation.”  The complaint did not attach the Board of Adjustment’s decision affirming the planning department’s decision.  The Board of Adjustment moved to dismiss the couple’s complaint, arguing that the court lacked special action jurisdiction because the couple had a statutory right to appeal under the Arizona Administrative Review Act.  The superior court agreed and dismissed the lawsuit because the couple failed to file a proper notice of appeal as required by the Act.

The Court of Appeals affirmed.  The Court explained that the procedural requirements of the Act are jurisdictional, and the superior court only has jurisdiction to review an administrative decision under the Act if a party files a notice of appeal (1) in a timely manner (2) in the right forum, and (3) in the proper form.  The Court explained that because the couple’s complaint was not captioned as a notice of appeal and did not cite the Act as the basis for the Court’s jurisdiction, their complaint did not comply with the Act and the superior court properly dismissed the action for lack of jurisdiction. 

Judge Cattani dissented.  He explained that because the complaint substantially complied with the requirements of the Act, the superior court had jurisdiction.  Judge Cattani noted that the complaint was filed within the statute’s 35-day deadline, in the correct forum, and it generally identified the issues to be reviewed and the date of the decision to be reviewed.  In his view, the remaining technical violations in the couple’s complaint should not deprive the superior court of jurisdiction. 

Judge Campbell authored the opinion for the Court; Judge Thumma joined; Chief Judge Cattani dissented.  

Posted by: John Bullock