SERA ARCHITECTS v. KLAHOWYA CONDOMINIUM

CV07100715, CV07120131; A140946 (Control); A142185.

290 P.3d 881 (2012)

253 Or. App. 348

SERA ARCHITECTS, INC., an Oregon corporation, Plaintiff-Appellant, Cross-Respondent, v. KLAHOWYA CONDOMINIUM, LLC, dba Klahowya, LLC, an Oregon limited liability company, Defendant-Respondent, and Shorebank Pacific Corporation, dba Shorebank Pacific, a Delaware corporation, Defendant-Respondent Cross-Appellant, and Carl Gatzke, and dba Klahowya, LLC; Susan Mikolasy, individually, and dba Klahowya, LLC; and BooCo Construction, Inc., an Oregon corporation, Defendants. BooCo Construction, Inc., an Oregon corporation, Plaintiff, v. Klahowya Condominium, LLC, dba Klahowya, LLC, an Oregon limited liability company; and Shorebank Pacific, Defendants. Sera Architects, Inc., an Oregon corporation, Plaintiff-Appellant, v. Klahowya Condominium, LLC, dba Klahowya, LLC, an Oregon limited liability company; Shorebank Pacific Corporation, dba Shorebank Pacific, a Delaware corporation, Defendants-Respondents, and Carl Gatzke, individually, and dba Klahowya, LLC; Susan Mikolasy, individually, and dba Klahowya, LLC; and BooCo Construction, Inc., an Oregon corporation, Defendants. BooCo Construction, Inc., an Oregon corporation, Plaintiff, v. Klahowya Condominium, LLC, dba Klahowya, LLC, an Oregon limited liability company; and Shorebank Pacific, Defendants.

Court of Appeals of Oregon.

Decided November 7, 2012.


Attorney(s) appearing for the Case

James N. Westwood argued the cause for appellant-cross-respondent SERA Architects, Inc. With him on the briefs were Christine A. Kosydar and Stoel Rives LLP.

Daniel L. Steinberg argued the cause for respondent-cross-appellant Shorebank Pacific Corporation. With him on the briefs were M. Elizabeth Duncan and Greene & Markley, P.C.

No appearance for respondent Klahowya Condominium, LLC.

Before ORTEGA, Presiding Judge, and BREWER, Judge, and SERCOMBE, Judge.


ORTEGA, P.J.

This appeal involves a dispute over priority by two creditors of Klahowya Condominium, LLC, (Klahowya), the developer of a failed property development. The trial court concluded that trust deeds held by defendant Shorebank Pacific Corporation (Shorebank) had priority over an architect's lien filed by plaintiff SERA Architects, Inc. (SERA) and entered a limited judgment to that effect. The trial court's decision had two aspects: first, that Shorebank's...

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