First National Bank of Boston v. City of Lewiston (1992)
Facts and holding
Source note (2026-10-18):
- Links on this page to
https://static.case.law/a2d/617/cases/1029-01.jsonare an (unofficial Caselaw Access Project copy, retrieved before 2026-10-18; host disallows automated access); no official or otherwise permitted full-text copy was located on 2026-10-18.
The City bought distrained business personalty; the Bank had consented to sale while claiming the proceeds. The Court affirmed denial of preliminary injunctive relief. Section 991 distress and §612 assessment liens are distinct; §612’s priority provisions do not determine the distress lien’s priority. The Court expressly reserved the Bank-versus-distress ranking and noted possible agreed transfer of its interest to proceeds. Full opinion, reporter-text mirror.
Current use and treatment
This is not an all-liens-discharge holding. Current 36 §991 and 11 §9-1315 require separate analysis of sale authority and lender authorization. No later controlling resolution of the reserved ranking was established; still_good is not inferred.
Full-text recheck (2026-10-18). The complete opinion was re-read in the verbatim Caselaw Access Project JSON (unofficial archive). It treats the municipal distress sale and the 36 §612 assessment lien as independent collection channels, notes that the bank’s consent to the sale may have transferred its security interest to the proceeds, and does not decide the lender-versus-distress priority question. CAP JSON
Applies in
Disclaimer. Legal information, not legal advice. Verify current law and later treatment before acting.