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PREMIER BANK v. BOARD OF COUNTY COM'RS

No. 08CA2384.

214 P.3d 574 (2009)

PREMIER BANK, a Colorado corporation, Plaintiff-Appellee, v. BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF BENT, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

June 11, 2009.

Attorney(s) appearing for the Case

Moye White LLP, William F. Jones, James Belgum, Denver, Colorado, for Plaintiff-Appellee.

Mark MacDonnell, Bent County Attorney, Las Animas, Colorado; Law Office of Paul Zogg, Paul Zogg, Boulder, Colorado, for Defendant-Appellant.

Opinion by Chief Judge DAVIDSON.

In this lien priority dispute defendant, Bent County Board of County Commissioners, appeals from the trial court's declaratory judgment finding defendant's lien to be junior in priority to the lien of plaintiff, Premier Bank. The court based its determination of priority on section 38-30-104, C.R.S.2008, the after-acquired interest statute. We reverse and remand.

I. Background

The property at issue was acquired in...

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