Marco Crane & Rigging Co. v. Masaryk

OPINION

HOWE, Judge.

¶ 1 Linda S. Masaryk, LSM, Inc., and NGM Insurance Co., appeal the superior court’s grant of summary judgment in favor of Marco Crane & Rigging, Co. The superior court found that Marco was entitled to foreclose on its mechanics’ lien against Masaryk’s house. Because Masaryk satisfied the statutory requirements to be an “owner-occupant” at the time Marco recorded the lien, we hold that the lien violated A.R.S. § 33-1002(B) and therefore reverse and remand for proceedings consistent with this opinion.

FACTS AND PROCEDURAL HISTORY

¶ 2 In 2003, Masaryk obtained title to a parcel…