Legal Opinion

Suburban Exteriors, Inc. v. Emerald Homes, Inc.

Court of Appeals of Minnesota

Decided November 23, 1993No. C6-93-1038PublishedCited by 3 opinions

1Opinion of the Court

OPINION

DAVIES, Judge.

Appellant California Investments, Inc., claims priority over the mechanics’ liens of respondents Suburban Exteriors, Inc., Complete Concrete Services, Inc., and Creative Lighting, Inc. The trial court determined that the mechanics’ liens had priority because the removal of two trees was the beginning of the improvement. We reverse.

FACTS

Shortly before they sold a lot adjacent to their residence, and with the buyer’s consent, Kathryn and Adrian Johnson paid to have two 10 to 12-foot pine trees transplanted from the lot and into their yard. Adrian Johnson testified that he…

2Cases cited4 opinions

  1. Kloster-Madsen, Inc. v. Tafi's, Inc.Supreme Court of Minnesota · 1975
  2. National Lumber Co. v. Farmer & Son, Inc.Supreme Court of Minnesota · 1957
  3. Carlson-Grefe Construction, Inc. v. Rosemount Condominium Group PartnershipCourt of Appeals of Minnesota · 1991
  4. E.H. Renner & Sons, Inc. v. Sherburne Homes Inc.Court of Appeals of Minnesota · 1990

3Cited by3 opinions

  1. Superior Construction Services, Inc. v. BeltonCourt of Appeals of Minnesota · 2008
  2. Imperial Developers, Inc. v. Calhoun Development, LLCSupreme Court of Minnesota · 2010
  3. Big Lake Lumber, Inc. v. Security Property Investments, Inc.Court of Appeals of Minnesota · 2012

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