Hopkins Northwest Fund, LLC v. Landscapes Unlimited, LLC

J. JONES, Justice.

This is an appeal from a summary judgment against Landscapes Unlimited, LLC (LU) in which the district court: (1) applied I.C. § 45-508 to postpone LU’s lien claim in golf course property to Hopkins Northwest Fund, LLC’s (Hopkins) deed of trust covering the same, and (2) alternatively apportioned LU’s lien amount. Because we find that I.C. § 45-508 is inapplicable to LU’s lien claim and that equitable apportionment is not an appropriate alternative remedy where I.C. § 45-508 does not apply, we vacate the judgment and remand for further proceedings.

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FACTUAL AND PROCEDURAL…