Legal Opinion

Big Lake Lumber, Inc. v. Security Property Investments, Inc.

Court of Appeals of Minnesota

Decided August 27, 2012No. A11-2220PublishedCited by 1 opinion

1Opinion of the Court

OPINION

SCHELLHAS, Judge.

Appellant-bank challenges the district court’s determination that respondents’ mechanic’s liens have priority over appellant’s mortgage under the relation-back doctrine and Minn.Stat. § 514.05. Because the pre-mortgage excavation of the property was not part of one continuous project of improvement, the district court erred by concluding that respondents’ post-mortgage contributions of material and labor related back to the first visible sign of pre-mortgage excavation. We therefore conclude that respondents’ mechanic’s liens do not have priority over appellant’s…

2Cases cited23 opinions

  1. Riverview Muir Doran, LLC v. JADT Development Group, LLCSupreme Court of Minnesota · 2010
  2. Frankoviz v. SmithSupreme Court of Minnesota · 1886
  3. National Lumber Co. v. Farmer & Son, Inc.Supreme Court of Minnesota · 1957
  4. Barrett v. HampeSupreme Court of Minnesota · 1952
  5. Cole v. Star TribuneCourt of Appeals of Minnesota · 1998

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3Cited by1 opinion

  1. Big Lake Lumber, Inc. v. Security Property Investments, Inc.Supreme Court of Minnesota · 2013

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