Constitutional Challenge Filed to AZ Enforcement Action

Pinkowski Law and co-counsel from Davis Miles McGuire Gardner, PLLC have filed suit to contest the Arizona Department of Health Bureau of Residential Licensing's attempt to enforce a "voluntary surrender" of an assisted living license as an unconstitutional due process violation. The voluntary surrender was one of several potential consequences of an alleged failure to abide by a settlement agreement signed by the licensee last year after they were sent directly to the Department’s “Enforcement Division” following the facility’s first onsite inspection. 

We are pleased to report that the Arizona Superior Court in Maricopa County agreed to issue a temporary stay of the Bureau's attempted forced surrender of our client's assisted living license, allowing a Phoenix small business owner to continue serving its clients and avoiding a forced relocation of 10 older adults with disabilities. The law firms will continue to press for the administrative and constitutional legal rights of the license holder to challenge the state’s action as a fundamental due process requirement.