J.H. Berra Paving Co. v. City of Eureka

CLIFFORD H. AHRENS, Presiding Judge.

City of Eureka (“City”) appeals the grant of respondent’s, J.H. Berra Paving Co., Inc. (“Berra”), motion for summary judgment to enforce its mechanic’s lien on Lot 243 of Vista Glen Addition Phase Two. City claims the trial court erred in granting the motion because: (1) the trial court was without jurisdiction to enforce Berra’s mechanic’s lien due to Berra’s failure to join City as a necessary party within the applicable statute of limitations under section 429.170 RSMo 1994;1 (2) the lien action itself was defective because Berra failed to provide City…