Marion Properties, Ltd. ex rel. Loyal Crownover v. Goff

OPINION

In May of 1988, American Development Group, Inc., dba Americana Construction (“Americana”) agreed with Marion Properties, Ltd. (“Marion”) to construct several condominiums on Marion’s property. Eventually, after several disputes arose, Marion filed a complaint in the district court against Americana. Marion alleged that Americana had failed to complete the project on time and had wrongfully recorded a lien against the project.

Americana thereafter filed a lien foreclosure action against Marion and other owners. Both actions were consolidated. Americana later declared bankruptcy.

An…