Oregon Broadcasting Co. v. Grecian Health Spa

Plaintiff brought suit to foreclose certain mechanic’s liens for labor and materials which were used by a lessee in the building of improvements upon defendants’ land. Plaintiff appeals from a decree of the trial court dismissing its suit.

Plaintiff’s suit was dismissed because of plaintiff’s failure to plead that it gave defendants notice of its intent to foreclose the liens as required by ORS 87.-020 (3):

“Every plaintiff or cross-complainant in a suit to foreclose a lien created under ORS 87.010 shall plead and prove that a notice in writing stating that such person, or others, intends to…