Comstock Investment Corp. v. Kaniksu Resort

SUBSTITUTE OPINION

The Court’s prior opinion, dated September 11, 1989, is hereby withdrawn.

BURNETT, Judge.

This appeal arises from a sale of personal property to satisfy a lien for services under I.C. § 45-805. The statute provides that a lienholder must pay the property owner any difference between the “proceeds of the sale” and the debt (including costs) secured by the lien. In this case, however, the district court has entered a judgment requiring the lienholder to pay a difference based not upon the “proceeds of the sale” but upon the full market value of the property. For reasons…