Citizens Bank v. Elks Building, N.V.

STEWART, Justice:

This appeal concerns the priority of claims to a security interest in personal property used in a restaurant that went out of business. The landlord, the appellant, Elks Building, N.V., claims a lien for unpaid rents pursuant to U.C.A., 1953, § 38-3-1 and pursuant to a provision in the lease. Elks contends that its lien is superior to Citizens Bank’s lien which was perfected under the provisions of the U.C.C. to secure a loan from the Bank. The matter was adjudicated on cross motions for summary judgment. The trial court held for the Bank. We affirm.

The parties have…