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KETCHUM, KONKEL, ET AL. v. HERITAGE MT.

No. 890284-CA.

784 P.2d 1217 (1989)

KETCHUM, KONKEL, BARRETT, NICKEL & AUSTIN, d/b/a KKBNA Incorporated, a Utah corporation; Kent W. Walker and Michael V. Lee, a Utah partnership, d/b/a The Architectural Partnership; Sheldon L. Pollack Corporation, a California corporation; and Norbert W. Pieper, A.I.A., Inc., a California corporation, Plaintiffs and Appellants, v. HERITAGE MOUNTAIN DEVELOPMENT COMPANY, a Utah corporation, et al., Defendants and Respondents.

Court of Appeals of Utah.

December 1, 1989.

Attorney(s) appearing for the Case

David M. Wahlquist (argued), James J. Cassity, Merrill F. Nelson, Kirton, McConkie & Bushnell, Salt Lake City, Attorneys at Law for Pollack & Pieper.

Richard C. Cahoon, Marsden, Orton & Cahoon, Salt Lake City, for Nordic Constructors.

David R. Olsen (argued), Carl F. Huefner, Michael W. Homer, Suitter, Axland, Armstrong & Hanson, Salt Lake City, for respondent, Guar. S & L.

Richard L. Hill, Jeffrey R. Hill, Olsen, Hintze, Nielson & Hill, Provo, for respondent, Heritage Mtn.

Before BENCH, BILLINGS and GREENWOOD, JJ.

BILLINGS, Judge:

Appellants Sheldon L. Pollack Corp., Norbert W. Pieper, A.I.A., Inc. ("appellants"), among other lien holders, filed actions to foreclose their mechanics' liens recorded against property being developed as a ski resort in Utah County. The construction lender, Guaranty Savings and Loan Association ("Guaranty"), moved for partial summary judgment claiming its trust deed had priority over all mechanics' liens on the property. The lien holders opposed...

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