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LOWELL MGMT. v. GENEVA NAT. PQC

No. 2008AP2533.

774 N.W.2d 811 (2009)

2009 WI App 149

LOWELL MANAGEMENT SERVICES, INC., Plaintiff-Appellant, v. GENEVA NATIONAL PQC, LLC, Defendant, Security Bank of Kansas City, Defendant-Third-Party Plaintiff-Respondent, v. Geneva National Community Association, Inc., Geneva National Condominium Master Association, Inc. and Paloma Geneva National, LLC, Third-Party Defendants.

Court of Appeals of Wisconsin.

Opinion Filed September 9, 2009.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of David C. Williams of Harrison, Williams, McDonell & Swatek, LLP, Lake Geneva.

On behalf of the defendant-third-party-plaintiff-respondent, the cause was submitted on the brief of Richard Scholze of Konicek, Kaiser, Scholze, Wanasek & Zott, S.C., Burlington; and Robert J.E. Edwards and Amy E. Hatch of Polsinelli Shalton PC, Kansas City, Missouri.

Before BROWN, C.J., ANDERSON and SNYDER, JJ.

¶ 1 ANDERSON, P.J.

This appeal involves a lien priority dispute between Lowell Management Services, Inc. and Security Bank of Kansas City. Lowell was the general contractor for a set of time-share duplexes for Geneva National PQC, LLC. The first visible commencement of the construction on the subject real estate occurred no later than April 20, 2005. Security Bank, a bank chartered in Kansas, recorded a mortgage after the start of construction on May 9, 2005...

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