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WALLBOARD, INC. v. ST. CLOUD MALL, LLC

No. A08-0319.

758 N.W.2d 356 (2008)

WALLBOARD, INC., Appellant, v. ST. CLOUD MALL, LLC, a Delaware limited liability company, et al., Respondents, Foss Drywall, Inc., et al., Defendants.

Court of Appeals of Minnesota.

December 16, 2008.

Attorney(s) appearing for the Case

Ryan J. Trucke, Matthew R. Doherty, Brutlag, Hartmann & Trucke, Minneapolis, MN, for appellant.

Ryan J. Hatton, Gerald W. Von Korff, Rinke-Noonan, St. Cloud, MN, for respondents.

Considered and decided by Chief Judge TOUSSAINT, Presiding Judge; HALBROOKS, Judge; and COLLINS, Judge.

OPINION

COLLINS, Judge.*

Appellant challenges the district court's grant of summary judgment to respondents, arguing that, as a matter of law, the prelien-notice exception found in Minn. Stat. § 514.011, subd. 4c (2006), applies to a tenant who leases less than 5,000 usable square feet of space to which improvements are made, if the landlord's property exceeds 5,000 total usable square feet. We affirm.

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