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SHAW ACQUISITION CO. v. BANK OF ELK RIVER

No. C2-00-1803.

639 N.W.2d 873 (2002)

SHAW ACQUISITION COMPANY, d/b/a Stewart Lumber Company, Respondent, v. The BANK OF ELK RIVER, Petitioner, Appellant.

Supreme Court of Minnesota.

Rehearing Denied April 10, 2002.

Attorney(s) appearing for the Case

James M. Neilson, Matthew A. Anderson, Babcock, Neilson, Mannella, LaFleur & Klint, P.L.L.P., Anoka, for Appellant.

Mark J. Johnson, Lang, Pauly, Gregerson, & Rosow, Ltd., Minneapolis, for Respondent.

Gerald G. Workinger, Jr., Edina, for Amici Curiae Minnesota Bankers Association, Mortgage Bankers Association of Minnesota, and Independent Community Bankers of Minnesota.

Heard, considered, and decided by the court en banc.

O P I N I O N

PAGE, Justice.

This case presents the issue of whether, under Minn.Stat. §§ 580.10 (2000) and 580.225 (2000), the junior portion of a split-priority mortgage,1 must be satisfied before an intervening mechanic's lien in the second-priority position is satisfied. The court of appeals affirmed summary judgment for the mechanic's lienor. We affirm.

Allied Mortgage of Brooklyn Center, Inc. (Allied Mortgage...

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