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SUBURBAN EXTERIORS v. EMERALD HOMES

No. C6-93-1038.

508 N.W.2d 811 (1993)

SUBURBAN EXTERIORS, INC., Respondent, v. EMERALD HOMES, INC., et al., Defendants, California Investments, Inc., Appellant, Complete Concrete Services, Inc., Creative Lighting, Inc., Respondents, and CREATIVE LIGHTING INC., Defendant and Third-Party Plaintiff, Respondent, v. Adrian JOHNSON, Third-Party Defendant.

Court of Appeals of Minnesota.

November 23, 1993.

Attorney(s) appearing for the Case

David J. Lenhardt, Foster, Waldeck, Lind & Gries, Ltd., Minneapolis, for Suburban Exteriors, Inc.

Bradley N. Beisel, Scholle and Beisel, Ltd., Minneapolis, for California Investments, Inc.

Loren Gross, Bloomington, for Complete Concrete Services, Inc.

Neil M. Meyer, Meyer & Njus, P.A., Minneapolis, for Creative Lighting, Inc.

Considered and decided by RANDALL, P.J., and KALITOWSKI and DAVIES, JJ.

OPINION

DAVIES, Judge.

Appellant California Investments, Inc., claims priority over the mechanics' liens of respondents Suburban Exteriors, Inc., Complete Concrete Services, Inc., and Creative Lighting, Inc. The trial court determined that the mechanics' liens had priority because the removal of two trees was the beginning of the improvement. We reverse.

FACTS

Shortly before they sold a lot adjacent to their residence, and with the buyer...

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