concurring in part and dissenting in part.
I am in complete accord with the holding of the majority that the priority of a perfected subcontractor’s lien relates back to the commencement of the project. I also am satisfied that cessation of construction does not demonstrate abandonment of the project.
I dissent from the final result proposed by the majority opinion, as I understand it. It appears to direct the trial court to enter a partial summary judgment in favor of Thatcher & Sons, Inc., the appellant. I am satisfied that there remain some genuine issues of material fact with respect to the question of abandonment. Certainly, cessation of work on the project does not, in and of itself, constitute abandonment of the construction project. In connection with other facts, however, it may satisfy a finder of fact that the project had been abandoned. I perceive this as an issue to be tried in this case, and therefore I cannot agree with any suggestion that, at this stage of the proceedings, a partial summary judgment should be entered affording lien priority to Thatcher & Sons, Inc. I agree it is entitled to relief with respect to the summary judgment entered favoring Norwest Bank of Casper, N.A.