Jimmy Jones Excavation, Inc. v. Lawrence Bank

We consider the “section 7.2(b) exception” to mechanic’s lien priority noted by our supreme court recently in Bob DeGeorge Associates, Inc. v. Hawthorn Bank, 377 S.W.3d 592, 600-02 (Mo. banc 2012).1 This is one of several appeals from an extensive bench trial involving many lien claimants, property owners, and lenders. This particular appeal and its dispositive issue are narrow, so we need summarize only a few facts.

Background

A developer bought 823 acres in rural Stone County, intending to turn it all into *571a “mixed use, multi million dollar resort development.” The following facts and…