Wasson v. Hogenson

This case presents for the first time in this court the question as to the relative priority between a deed of trust on real estate and a “perpetual lien” for installation charges incurrred by a water and sanitation district in making sewer services available to the real estate where the recording of the trust deed predates the installation of the sewer service. The trial court held (1) that the prior recorded deed of trust was a first and paramount lien and (2) that the foreclosure decree extinguished the “perpetual lien” of the district. We reverse.

Factual Background

This is an appeal by the…