Mid Kansas Federal Savings and Loan Association v. Dynamic Development Corporation
In Mid Kansas Federal Savings and Loan Association v. Dynamic Development Corporation, 167 Ariz. 122, 804 P.2d 1310 (1991), the Arizona Supreme Court noted that the principal element in all definitions of "dwelling" is the "purpose or use of a building for human abode." 167 Ariz. at 128, 804 P.2d at 1316.
The supreme court's decision centered on the statutory language requiring the property to not only be limited as a dwelling but that it must in fact be utilized as a dwelling. Id. at 128-29, 804 P.2d at 1316-17.
The court's discussion approved of Pinetop, noting that "although the condominium was held as an investment, it was also used (utilized) as a dwelling." Id.
The property at issue in Mid Kansas was under construction and uninhabited. 167 Ariz. at 129, 804 P.2d at 1317.