KRAUS-ANDERSON CONSTRUCTION COMPANY v. SUPERIOR VISTA LLC

No. A09-1530.

Kraus-Anderson Construction Company, Respondent, v. Superior Vista LLC, et al., Defendants, Dale E. Brandt, et al., Appellants.

Court of Appeals of Minnesota.

Filed July 6, 2010.


Attorney(s) appearing for the Case

S. Steven Prince, John H. Lassetter, Leonard Street and Deinard, Minneapolis, Minnesota, for respondent.

Kathryn J. Bergstrom, Sitso W. Bediako, Gray, Plant, Mooty & Bennett, P.A., Minneapolis, Minnesota, for appellants.

James Edward Blaney, Blaney & Ledin, Ltd., Lake Elmo, Minnesota, for amicus curiae Associated General Contractors of Minnesota.

Considered and decided by Shumaker, Presiding Judge; Larkin, Judge; and Bjorkman, Judge.


UNPUBLISHED OPINION

SHUMAKER, Judge.

In this mechanic's-lien-foreclosure action, appellants bank, unit owners and project owner challenge judgment in favor of respondent general contractor, asserting that respondent's lien was subordinate to appellants' mortgage because the district court erred in determining that: (1) the subordination agreement among the parties operated as a lien waiver in violation of Minn. Stat. § 337.10, subd. 2 (2008); (2) advances...

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