BIG LAKE LUMBER v. SEC. PROPERTY INVEST.

No. A11-2220.

820 N.W.2d 253 (2012)

BIG LAKE LUMBER, INC., Respondent, v. SECURITY PROPERTY INVESTMENTS, INC., et al., Defendants, 21st Century Bank, Appellant, Wright Lumber & Millwork, Inc., Respondent, Pearson Plumbing Corp., Respondent, J. DesMarais Construction, Inc., Respondent.

Court of Appeals of Minnesota.

August 27, 2012.


Attorney(s) appearing for the Case

Karl E. Robinson , Hellmuth & Johnson, PLLC, Edina, MN, for respondent Big Lake Lumber.

Steven R. Little , Stephen F. Buterin , Coleman, Hull & Van Vliet, PLLP, Minneapolis, MN, for appellant.

Steven B. Szarke , Szarke & Szarke Law Office, Buffalo, MN, for respondent Wright Lumber & Millwork.

Bridget A. Brine , Duluth, MN, for respondent Pearson Plumbing Corp.

Gerald Von Korff , Rinke Noonan , St. Cloud, MN, for respondent J. DesMarais Construction.

Considered and decided by CHUTICH, Presiding Judge; KALITOWSKI, Judge; and SCHELLHAS, Judge.


OPINION

SCHELLHAS, Judge.

Appellant-bank challenges the district court's determination that respondents' mechanic's liens have priority over appellant's mortgage under the relation-back doctrine and Minn.Stat. § 514.05. Because the pre-mortgage excavation of the property was not part of one continuous project of improvement, the district court erred by concluding that respondents' post-mortgage contributions of material and labor related back to the...

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