Arizona Supreme Court: No. CV-23-0009-CQ Filed February 23, 2024
In re: Steven R. Drummond, Mary A. Drummond
This case is in response to a Certified Question from the United States Bankruptcy Court for the District of Arizona seeking clarification of whether the term “mobile home” in A.R.S. § 33-1101(A)(3) includes motor homes.
The Arizona Supreme Court held that a motor home does not qualify as a “mobile home” for purposes of claiming an Arizona homestead exemption under A.R.S. § 33-1101(A)(3) as the homestead exemption applies to permanent, fixed structures where a person resides, not readily movable vehicles.
The majority noted that statutory interpretation should be based on plain meaning of the language by examining words in their broader statutory context, and that context is critical in interpreting statutory language, including examining related subsections. The majority rejected elevating policy interests above the plain language of the statute in context.
Vice Chief Justice Timmer dissented, arguing that the court should consider secondary interpretive principles, including the statute’s purpose in achieving policy goals of reducing homelessness.