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HUTTER v. DIG-IT, INC.

No. 20080077.

219 P.3d 918 (2009)

2009 UT 69

Timothy and Tami HUTTER, Plaintiffs and Appellees, v. DIG-IT, INC., Defendant and Appellant.

Supreme Court of Utah.

October 27, 2009.

Attorney(s) appearing for the Case

Jeffrey D. Stevens, Salt Lake City, for plaintiffs.

Dana T. Farmer, Ogden, for defendant.

INTRODUCTION

DURRANT, Associate Chief Justice:

¶ 1 This case arises out of a dispute over the enforceability of a mechanic's lien recorded by Dig-It, Inc., against property owned by Tim and Tamara Hutter. It calls for us to consider (1) the requirements for filing a notice of commencement under the 2006 version of section 38-1-31 of the Utah Code and (2) whether an unenforceable mechanic's lien is a wrongful lien subject to nullification under Utah...

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