Lincoln Bank and Trust Co. v. Neustadt

MEMORANDUM OPINION

CARL B. JONES, Judge:

Appellant, Lincoln Bank and Trust Co., seeks review of an order granting summary judgment in favor of Appellees. The parties are adjoining property owners. Appellees excavated land on their property to build a parking garage. Bank contends that because Appellees did not build a proper retaining wall, soil from under Bank’s parking lot eroded, undermining and causing damage to the asphalt parking lot. Summary judgment was granted to Appellees under 12 O.S.1991 § 109, which precludes claims for a design or construction deficiency brought more than ten…