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O'MALLEY LUMBER CO. v. RILEY

No. 1 CA-CIV 4595.

126 Ariz. 167 (1980)

613 P.2d 629

The O'MALLEY LUMBER COMPANY, dba O'Malley Building Materials, an Arizona Corporation; Roger O. Hansen, dba Rog's Electrical Service and Sandra L. Hansen, his wife, Plaintiffs-Appellees, v. Joe RILEY, Jr., and Ernestine Riley, his wife; John Does I-V, inclusive; Jane Does I-V, inclusive; Black Corporation I-V, inclusive; unknown heirs and devisees of each of the above named defendants, if deceased, Defendants-Appellants.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied June 6, 1980.

Review Denied June 24, 1980.

Attorney(s) appearing for the Case

Miller, Mark & Simon, Ltd. by William J. Simon, Phoenix, for plaintiffs-appellees.

Kinney, Tipton, Ditsch & Potts by Charles A. Ditsch and C. Richard Potts, Phoenix, for defendants-appellants.

OPINION

O'CONNOR, Judge.

At issue in this appeal is the construction of A.R.S. § 33-1002(B) as it existed in 1976 and 19771 which limits the recording or allowance of mechanics' liens against "the dwelling of an owner-occupant" to those persons who contracted in writing with the owner-occupant of the dwelling. Specifically, the question is whether a valid lien can be filed in a case where the existing dwelling was removed...

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