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KING CONST., INC. v. PLAZA FOUR REALTY, LLC

No. 84, 2009.

976 A.2d 145 (2009)

KING CONSTRUCTION, INC., Plaintiff Below, Appellant, v. PLAZA FOUR REALTY, LLC, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: July 15, 2009.

Attorney(s) appearing for the Case

Robert J. Leoni, Esquire, Shelsby & Leoni, Stanton, DE, for appellant.

David Roeberg, Esquire, Roeberg, Moore & Friedman, P.A., Wilmington, DE, for appellee.

Before HOLLAND, JACOBS and RIDGELY, Justices.

HOLLAND, Justice:

The plaintiff-appellant, King Construction, Inc. ("King"), appeals from the final judgment of the Superior Court dismissing King's statement of claim for a mechanics' lien against property owned by the defendant-appellee, Plaza Four Realty, LLC ("PFR"). The Superior Court granted PFR's motion to dismiss because the statement of claim: first, failed to allege that PFR provided prior written consent to the contract between King and PFR's tenant; second...

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