[DOWNLOAD] "Automated Building Components v. New" by Court of Appeals of Minnesota ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Automated Building Components v. New
• Author : Court of Appeals of Minnesota
• Release Date : January 12, 1994
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

The requirement of "adjoining lots" under Minn. Stat. § 514.09 (1992) does not preclude a mechanic from filing a combined
lien statement against multiple lots separated by related intervening objects. Unrecorded vendee interests in registered land
do not bind the land or prevent a vendor from subjecting the property to a mechanics' lien. SHORT, Judge This foreclosure action involves a combined mechanics' lien statement on multiple lots. New Horizon Homes, Inc.
(developer) hired DayCo Concrete Company, Inc. (mechanic) to perform concrete, masonry, and foundation construction for a
multifamily townhouse development in Woodbury. The mechanic was not paid for its labor and materials. When the mechanic attempted
to foreclose Its liens, several owners and mortgagees moved for summary judgment claiming the combined lien statement failed
as a matter of law. The trial court denied that motion. The parties stipulated to the facts, and the trial court entered findings
of fact, conclusions of law, and order for judgment in favor of the mechanic. Appellants argue the trial court erred by concluding
that (1) the lots were "adjoining" on the day concrete construction began, and (2) the mechanic supplied labor and materials
pursuant to a contract with the owner. In addition, appellants argue the trial court abused its discretion in the award of
attorney fees. We affirm.

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