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

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.