SUPERIOR CONST. SERVICES, INC. v. BELTON

No. A07-0377.

749 N.W.2d 388 (2008)

SUPERIOR CONSTRUCTION SERVICES, INC., Appellant, v. Latoria BELTON, et al., Defendants, Town & Country Credit Corporation, a foreign corporation, Respondent.

Court of Appeals of Minnesota.

April 29, 2008.


Attorney(s) appearing for the Case

Patrick J. Kelly, Skelly & Capistrant, P.A., St. Paul, MN, for appellant.

Gary B. Bodelson, Minneapolis, MN, for respondent.

Considered and decided by STONEBURNER, Presiding Judge; LANSING, Judge; and PETERSON, Judge.


OPINION

LANSING, Judge.

This litigation arises from a priority dispute between a mechanic's lien claimant and a mortgagee in a lien-enforcement action. The mortgage was recorded five months before the lien, but thirty-two months after the lien claimant first began work on the property. The lien claimant appeals the district court's conclusion, on cross-motions for summary judgment, that the claimant had abandoned its work on the project, and thus its lien...

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