Thompson Plumbing Co. v. McGlynn Companies

OPINION

PETERSON, Judge.

Thompson Electric and Thompson Plumbing appeal from a judgment setting priorities in a mechanics’ lien action in favor of Construction Mortgage Investors Company. We affirm in part, reverse in part and remand.

FACTS

In the spring of 1985 Bay Woods Ventures began developing a tract of land bordering Lake Minnetonka. Bay Woods contracted with a surveyor to lay out roads and stake lot perimeters. It was standard procedure for the Bay Woods surveyor to place an iron marker and a flagged wooden lathe marker at each corner of each lot in the development. The developer testified…