Legal Opinion

Summit Community Bank v. Blue Ridge Shadows Hotel & Conference Center, LLC

District Court, W.D. Virginia

Decided April 1, 2010No. 5:10-cr-00005Published

1Opinion of the Court

MEMORANDUM OPINION

GLEN E. CONRAD, District Judge.

This case is presently before the court on an appeal from an order of the United States Bankruptcy Court for the Western District of Virginia dated November 30, 2009. The appellant seeks review of the bankruptcy court’s order holding that certain materials furnished to a hotel were improvements and thus properly claimed in a mechanics’ lien under Virginia Code § 43-3. Because the court concludes that the materials at issue were not improvements under the statute, the order will be reversed.

Background

The appellant, Summit Community Bank…

2Cases cited7 opinions

  1. In Re Robert D. Johnson, Debtor. Canal Corporation, General Partner of the Limited Partnership of the October 18, 1973 Group the October 30, 1973 Group the November 30, 1973 Group the November 15, 1973 Group the December 10, 1973 Group the December 11, 1973 Group the December 14, 1973 Group the January 7, No. 91-1403 1974 Group the January 11, 1974 Group the January 31, 1974 Group Resource Evaluation & Development, Incorporated, General Partner of the Limited Partnership of the February 8, 1974 Group the February 15, 1974 Group the March 5, 1974 Group the March 11, 1974 Group the March 29, 1974 Group the April 14, 1974 Group the April 5, 1974 Group v. Robert E. Finnman Gerald L. Sacks Leonard Henschel Mrs. Leonard Henschel Carl Starnes Mrs. Carl Starnes Robert W. Froehlich Alan B. Svedlow Thomas W. Gilliam, Jr. Ruth Swart Young Frederick M. Sorrell, Jr. Richard B. Hudson Mrs. Richard B. Hudson William A. Gore Mrs. William A. Gore, and Lenora Johnson Brown Vail Pischke v. Bruce Goldstein, TrusteeCourt of Appeals for the Fourth Circuit · 1992
  2. Sellers v. BlesSupreme Court of Virginia · 1956
  3. Gilman v. RyanSupreme Court of Virginia · 1898
  4. Brooks v. United StatesCourt of Appeals for the Fourth Circuit · 1987
  5. Moore & Moore General Contractors, Inc. v. Basepoint, Inc.Supreme Court of Virginia · 1997

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