to Vacant Land. A.R.S. § 33-
814(G) prohibits an action to obtain
a deficiency judgment if the property at issue ( 1) was encumbered by
a deed of trust, ( 2) was sold at a
trustee’s sale, ( 3) consists of two-and-a-half acres or less, and ( 4) is
limited to and utilized for either a
single one-family or a single two-family dwelling. In an earlier case,
M&I Marshall & Ilsley Bank v.
Mueller, 268 P.3d 1135 (Ariz. Ct.
App. 2011), the court held that
the anti-deficiency-judgment statute
applies to construction of a dwelling
that has commenced. Unimproved,
vacant land is not, however, a
“dwelling” as required by the statute
and thus § 33-814(G) does not
apply. Judge Kessler specially concurred. BMO Harris Bank N.A. v.
Wildwood Creek Ranch LLC, 1 CA-CV 12-0728, 1/21/14.
Contract with Navajo Casino
Signed by Marketing Director Is
Insufficient to Waive Sovereign
Immunity. The Navajo Nation’s
Constitution preserves its sovereign
immunity except when the Tribal
Council expressly waives it. In con-
nection with a breach of contract
action, a contract addendum signed
by a casino’s current or former
marketing director is insufficient to
waive trial immunity. Equitable
principles such as apparent authority
may not defeat an assertion of sover-
eign immunity. A waiver must be
unequivocally expressed and is strict-
ly construed in favor of the sover-
eign. MM&A Productions LLC v.
An Arbitration Provision in an
Agreement Between a Nursing
Home and a Resident That
Governs Claims Brought by or on
Require Statutory Beneficiaries to
Arbitrate Independent Claims. An
agreement that requires a nursing
home resident to arbitrate claims
brought by or on behalf of the resident applies to claims made pursuant
to the Adult Protective Services Act
(“APSA”) by a deceased resident.