Huntington National Bank of Columbus v. Treasurer of Franklin County

Finding the opinion of the majority herein to be diametrically opposed to that reached by this court in Sears, Roebuck & Co. v. J-Z Realty Co. (Dec. 28, 1978), Franklin App. No. 78AP-356, unreported, which, although not binding precedent, correctly states the applicable law, I must respectfully dissent. As this court noted in Sears: “[PJreparation of the land for construction of a building is insufficient to constitute the commencement of construction under mechanic’s liens laws.” The trial court found, and this court now holds, that such preparation constitutes commencement of construction…