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MUTUAL SAVINGS ASS'N v. RES/COM PROPERTIES, L.L.C.

No. 89,924.

32 Kan.App. 2d 48 (2003)

79 P.3d 184

MUTUAL SAVINGS ASSOCIATION, Plaintiff/Appellee, v. RES/COM PROPERTIES, L.L.C.; HEARTLAND BUILDING AND DEVELOPMENT, L.L.C., n/k/a ROCKWOOD CUSTOM HOMES, LLC; LARRY SLAVENS; L.J. SLAVENS; and CHAD SLAVENS, Defendants, LRM INDUSTRIES, INC. and MODERN ENGINEERING UTILITIES COMPANY, INC., Appellants, BOARD OF COUNTY COMMISSIONERS OF DOUGLAS COUNTY; and CITY OF EUDORA, KANSAS, Defendants.

Court of Appeals of Kansas.

Opinion filed November 14, 2003.

Attorney(s) appearing for the Case

Bradley R. Finkeldei and Webster L. Golden, of Stevens & Brand, L.L.P., of Lawrence, for appellants LRM Industries, Inc., and Modern Engineering Utilities Company, Inc.

Richard W. Byrum, Julie Gibson, Frank Wendt, and G. Steven Ruprecht, of Niewald, Waldeck & Brown, of Kansas City, Missouri, for appellee Mutual Savings Association.

Before RULON, C.J.; LEWIS, J., and WAHL, S.J.

RULON, C.J.:

This appeal involves the relative priority of four unsatisfied liens filed on the foreclosure property known as Whispering Meadows development in Eudora, Kansas. Before the development was completed, the property owner, Res/Com Properties, L.L.C. (Res/Com), defaulted on its payment obligations under two mortgages and various construction contracts. The mortgages were held by Mutual Savings Association (Mutual), the appellee in the present action. The...

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