HOPKINS NORTHWEST v. LANDSCAPES UNLIMITED

No. 37170.

264 P.3d 379 (2011)

HOPKINS NORTHWEST FUND, LLC, an Idaho limited liability company, Plaintiff-Respondent, v. LANDSCAPES UNLIMITED, LLC, a Nebraska limited liability company, Defendant-Appellant, and Gregory O. Bullock and Jeanette E. Bullock, husband and wife; Hunter's Point Development Corporation, an Idaho corporation; Hunter's Point Golf Community, LLC, an Idaho limited liability company; Lanco, Inc., an Idaho corporation; Beus Excavation, LLC, an Idaho limited liability company, Advanced Concrete, Inc., an Idaho corporation; Build 4 U, Inc., an Idaho corporation; KMO, Inc., an Idaho corporation; Matzdorff Resources, LLC, an Idaho limited liability company, d/b/a Mike's Sand & Gravel; and the City of Nampa, Idaho, an Idaho municipality, Defendants.

Supreme Court of Idaho, Idaho Falls, August 2011 Term.

November 1, 2011.


Attorney(s) appearing for the Case

Racine Olson Nye Budge & Bailey, Chtd., Pocatello, for appellant. John R. Goodell argued.

Trout Jones Gledhill Fuhrman & Gourley, P.A., and Holland & Hart, LLP, Boise, for respondent. Robert A. Faucher argued.


J. JONES, Justice.

This is an appeal from a summary judgment against Landscapes Unlimited, LLC (LU) in which the district court: (1) applied I.C. § 45-508 to postpone LU's lien claim in golf course property to Hopkins Northwest Fund, LLC's (Hopkins) deed of trust covering the same, and (2) alternatively apportioned LU's lien amount. Because we find that I.C. § 45-508 is inapplicable to LU's lien claim and that equitable apportionment is not an appropriate...

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