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BROWN SPRINKLER CORP. v. SOMERSET-PULASKI

No. 2009-CA-001185-MR.

335 S.W.3d 455 (2010)

BROWN SPRINKLER CORPORATION, Appellant, v. SOMERSET-PULASKI COUNTY DEVELOPMENT FOUNDATION, INC.; Somerset-Pulaski County Development Holdings, Inc.; and Consolidated Electrical Distributors, Inc., Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court April 13, 2011.

Attorney(s) appearing for the Case

Charles F. Merz (argued), Natalie Kaelin , Louisville, KY, for appellant.

John B. Adams (argued), Somerset, KY, for appellees, Somerset-Pulaski County Development Foundation, Inc.; and Somerset-Pulaski County Development Holdings, Inc.

Before CLAYTON and KELLER, Judges; BUCKINGHAM, Senior Judge.

OPINION

KELLER, Judge:

Brown Sprinkler Corporation (Brown) appeals from the circuit court's summary judgment in favor of Somerset-Pulaski County Development Foundation, Inc. (the Foundation). On appeal, Brown argues that the trial court erred when it determined Brown was foreclosed from pursuing an equitable remedy because it negligently failed to perfect a mechanics' lien. Having reviewed the record and the arguments of the parties, we reverse and...

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