Comstock & Davis, Inc. v. G.D.S. & Associates

OPINION

FORSBERG, Judge.

Appellant Comstock & Davis, Inc. (C & D) commenced a mechanics’ lien foreclosure for surveying services on the Brick Pond Apartments (Brick Pond) in Stillwa-ter, Minnesota. C & D claimed its liens were prior and superior to all other lien-holders, except coordinate mechanics’ lien-holders. Respondent First Trust National Association (First Trust) claimed priority of its mortgage over any mechanics’ lien. The district court granted C & D summary judgment as against G.D.S. & Associates (G.D.S.), the general partnership owning Brick Pond, and ordered trial exclusively on…