Legal Opinion
O'Malley Lumber Co. v. Riley
Court of Appeals of Arizona
Decided May 15, 1980No. 1 CA-CIV 4595PublishedCited by 19 opinions
1Opinion of the Court
OPINION
O’CONNOR, Judge.
At issue in this appeal is the construction of A.R.S. § 33-1002(B) as it existed in 1976 and 1977 1 which limits the recording or allowance of mechanics’ liens against “the dwelling of an owner-occupant” to those persons who contracted in writing with the owner-occupant of the dwelling. Specifically, the question is whether a valid lien can be filed in a case where the existing dwelling was removed down to the concrete foundation slab prior to reconstruction of a new dwelling upon the same site and foundation.
Cross motions for summary judgment were filed. The appeal is…
2Cases cited11 opinions
- City of Mesa v. KillingsworthArizona Supreme Court · 1964
- Ebasco Services Inc. v. Arizona State Tax CommissionArizona Supreme Court · 1969
- Crook v. AndersonCourt of Appeals of Arizona · 1977
- Police Pension Board of City of Phoenix v. WarrenArizona Supreme Court · 1965
- Ernst v. CollinsArizona Supreme Court · 1956
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Hayes v. Continental InsuranceArizona Supreme Court · 1994
- State v. GreenwayArizona Supreme Court · 1991
- State v. SweetArizona Supreme Court · 1985
- San Carlos Apache Tribe v. Superior CourtArizona Supreme Court · 1999
- State v. RamosArizona Supreme Court · 1982
14 more not listed; retrieve them via the Exa API.