Kelly v. Hannan

POPOVICH, Judge:

This is an appeal from the order entered in the Court of Common Pleas of Fayette County granting the appellees’ preliminary objections. On appeal, the appellant, Marion D. Kelly (Kelly Building Company) hereafter “Kelly”, con*640tends: (1) improved property remains subject to a mechanics’ lien if the lease which purports to exempt the improved realty is patently fraudulent; and (2) the theory of estoppel validates a mechanics’ lien filing where the parties to the construction contract are represented to be the owners of the improved realty. We reverse.

Briefly, the facts, as stated…