Automatic Gas Distributors, Inc. v. State Bank of Green River

CARDINE, Justice.

This case involves a dispute between the State Bank of Green River (Bank) and Automatic Gas Distributors, Inc. (AGD) over which of their competing interests is senior in the property being foreclosed. AGD appeals the district court’s summary judgment ruling that AGD “surrendered” its earlier, unexpired lease when it executed a subsequent lease for a longer term in the same property. As a result of this ruling, the Bank’s mortgage was held senior to AGD’s subsequent lease.

The issues, as presented by AGD, are as follows:

“1. Whether a genuine issue of material fact existed and…