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AMERICAN BANK v. BRN DEVELOPMENT, INC.

No. 40625.

358 P.3d 762 (2015)

AMERICAN BANK, a Montana banking corporation, Plaintiff-Cross Defendant, v. BRN DEVELOPMENT, INC., Defendant-Cross Defendant-Cross Claimant-Appellant, and Taylor Engineering, Inc., Defendant-Third Party Plaintiff-Cross Defendant-Respondent, and BRN INVESTMENTS, LLC, an Idaho limited liability company; Lake View AG, a Liechtenstein company; BRN-Lake View Joint Venture, an Idaho general partnership; Robert Levin Trustee for the Roland M. Casati Family Trust, dated June 5, 2008; Ryker Young, Trustee for the Ryker Young Revocable Trust; Marshall Chesrown, a single man; Thorco, Inc., an Idaho corporation; Consolidated Supply Company, an Oregon corporation; Wadsworth Golf Construction Company of the Southwest, a Delaware corporation; The Turf Corporation, an Idaho corporation; Polin & Young Construction, Inc., an Idaho corporation; Precision Irrigation, Inc., an Arizona corporation; and Spokane Wilbert Vault Co., a Washington corporation, d/b/a Wilbert Precast, Defendants-Cross Defendants, and Idaho Roofing Specialist, LLC, an Idaho limited liability company; Interstate Concrete & Asphalt Company, an Idaho corporation; Concrete Finishing, Inc., an Arizona corporation, Cross Defendants, and Strata, Inc., an Idaho corporation; and Sundance Investments, LLP, a limited liability partnership, Third-Party Defendants, and ACI Northwest, Inc., an Idaho corporation, Third Party Defendant-Cross Claimant.

Supreme Court of Idaho, Boise, November 2014 Term.

August 20, 2015.

Attorney(s) appearing for the Case

Layman Law Firm, Spokane, Washington, for appellant. Bradley C. Crockett argued.

Witherspoon Kelley, Coeur d'Alene, for respondent. Mark A. Ellingsen argued.

In a foreclosure action brought against BRN Development, Inc. (BRN), BRN brought a cross-claim against Taylor Engineering, Inc. (Taylor), asserting negligence. Following a court trial, the district court held that Taylor was not liable to BRN. BRN appeals from that decision. We affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND...

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