WASSON v. HOGENSON

No. 27713.

583 P.2d 914 (1978)

Glenn WASSON, d/b/a Wasson Masonry, Plaintiff, v. John O. HOGENSON, Western Securities Company, a Nebraska Corporation, Realbank, Inc., a Nebraska Corporation, Julian L. Hutchinson, d/b/a AAA Sand & Gravel, Groussman-Bradley Construction Company, a partnership, Evelyn Barr Edmonson, Public Trustee of Arapahoe County, Colorado, Defendants, and Great-West Life Assurance Company, Defendant-Appellee, and Cherry Creek Valley Water and Sanitation District, a Quasi-Municipal Corporation, Intervenor-Appellant, and Pasterkamp Heating and Air Conditioning Company, a Colorado Corporation, and Ankmar Door Sales, Inc., a Colorado Corporation, Intervenors.

Supreme Court of Colorado, En Banc.

August 21, 1978.


Attorney(s) appearing for the Case

Grant, McHendrie, Haines & Crouse, Ronald C. Butz, John E. Burrus, Denver, for defendant-appellee.

Tallmadge, Tallmadge, Wallace & Hahn, David J. Hahn, Jo Ann Weinstein, Denver, for intervenor-appellant.

Calkins, Kraemer, Grimshaw & Harring, James S. Bailey, Denver, for amicus curiae, Special Dist. Ass'n of Colorado.


KELLEY, Justice.

This case presents for the first time in this court the question as to the relative priority between a deed of trust on real estate and a "perpetual lien" for installation charges incurred by a water and sanitation district in making sewer services available to the real estate where the recording of the trust deed predates the installation of the sewer service. The trial court held (1) that the prior recorded...

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