SCM NEWS & OPINIONS

Zion Village Resort LLC v. Pro Curb U.S.A. LLC, 2020 UT App 167 (Dec. 17, 2020)

In a combined appeal involving petitions to nullify two sets of construction liens on a condominium project, the court of appeals reversed the district court’s decision granting a petition to nullify one lien and affirmed the other.  On an issue of first impression, the court held that in an expedited proceeding to nullify a construction lien, if the district court does not hear live testimony, the applicable standard of review is correctness with no deference afforded to the district court’s decision.