We blogged the Court of Appeals decision here.
The Supreme Court comes to the same result – reversing and remanding the trial court – but vacates the Court of Appeals’ opinion. It does this mostly, it seems, to remove from the law that opinion’s “special concurrence” (or, more generously and possibly more accurately, to remove from the law the confusion that led to the grey area addressed by the concurrence). “For § 33-814(G) to apply, a dwelling must have been completed.” Not just intended, not just started, but completed, overruling Marshall & Ilsley “insofar as it conflicts with our reasoning in this case.”
That sort of open-ended overruling can cause issues down the line but this is such a nicely drafted opinion that we’re not going to pick nits. Justice Bales’ style is often reminiscent of that of Justice, as he then was, Hurwitz – clear, concise, and brief.