Hill Behan Lumber Co. v. Dinan

SATZ, Presiding Judge.

In this mechanic’s lien case, plaintiff, Hill Behan Lumber Co. (Hill Behan), appeals from the grant of summary judgment in favor of defendants, Peggy Stockton (Stockton), Washington Savings & Loan Association (Washington) and Dorothy Beste, trustee. We reverse and remand.

The issues in this case turn on the application of § 429.010 RSMo 1986, which limits the imposition of a lien on property “to the extent of three acres” if the property is not located in a “town, city, or village.”

On August 30, 1988, Hill Behan filed a petition seeking equitable enforcement of a…