Kellam Excavating, Inc. v. Community State Bank

Baker, Judge.

Community State Bank (the Bank) provided financing to Sagamore Warehouse, LLC (Sagamore), for the construction of a fertilizer plant by Kellam Excavating, Inc. (Kellam), on property Sagamore leased from Winamac Southern Railway Company (Winamac). Kellam did not receive full payment for its work and filed a mechanic’s lien. After Sagamore and Kellam-filed complaints against each other, the Bank intervened and filed a third-party complaint to foreclose on its leasehold mortgage on Sagamore’s property. The Bank also filed a motion for summary judgment, arguing that its interest in…