Beisel & Dunlevy, P.A.

Certified Real Property Specialists*
Minnesota Super Lawyers **

 

 

Bradley N. Beisel's reported cases

 

Langford Tool & Drill Co. v. Phenix Biocomposites, LLC, 668 N.W.2d 438 (Minn. App. 2003).  (If there is an abandonment of a project and a subsequent recommencement of work, mechanic's liens arising from the new work do not relate back to the original start of construction.)

 

In the Matter of the Petition of Thomas M. Willmus, 568 N.W.2d 722 (Minn. App. 1997), Rev. Denied.  (Doctrine of estoppel by deed does not apply to registered land.  Mere registration of instrument affecting title to registered land does not impute "actual notice" to owner or purchaser of Torrens property; rather, actual notice requires actual knowledge, and party must actually know that interest in the land exists.)

 

Pine Valley Meats, Inc., v. Canal Capital Corporation, 566 N.W.2d 357 (Minn. App. 1997), Rev. Denied.  (Land purchase agreement and accompanying indenture providing that seller had obligation to provide cattle walkway between buyer's meat packing plant and seller's remaining land created license, rather than easement.)

 

Home Lumber Co. v. Kopfmann Homes, Inc., 535 N.W.2d 302 (Minn. 1995).  (Attorney for amicus curiae, Minnesota Land Title Assoc.)  (For purposes of rule that mortgage given to secure future advances has priority over mechanics liens attaching after mortgage is given but before such advances are made, if advances are "obligatory," question of whether advances optional or obligatory is determined solely on basis of controlling documents themselves.)

 

Kirkwold Constr. Co. v. M.G.A. Constr. Co., Inc., 498 N.W.2d 465 (Minn. App. 1993), Affd. 513 N.W.2d 241 (Minn. 1994).  (Mechanics' liens of engineer and surveyor had priority over interests of bona fide purchaser and mortgagee, even though purchaser and mortgagee recorded their interests prior to time of actual and visible improvement on the ground, where purchaser and mortgagee had actual notice of lienable work performed by engineer and surveyor; lien claimants other than engineer and surveyor could not tack their liens onto priority of engineer and surveyor.)

 

Suburban Exteriors, Inc. v. Emerald Homes, Inc., 508 N.W.2d 811 (Minn. App. 1993).  (Removal of trees, not in furtherance of construction of residence but for transplanting into neighboring yard of vendors of lot, did not constitute "actual and visible beginning of the improvement" within meaning of statute providing that as against mortgagee, no mechanic's lien shall attach prior to actual and visible beginning of improvement on the ground.)

 

Fingerhut Corp. v. Suburban Nat. Bank, 460 N.W.2d 63 (Minn. App. 1990).  (Mortgage against registered property did not give mortgagee equitable interest which took precedence over any interest created by notice of lis pendens which was filed and registered after mortgage was executed but before mortgage was registered.)

 

E.H. Renner & Sons v. Sherburne Homes, 458 N.W.2d 177 (Minn. App. 1990).  (Paving of streets, curbs and gutters in subdivision is not actual and visible beginning of improvement under statute directing that as against a bona fide mortgagee no mechanic's lien shall attach before beginning of improvement on the ground.)

 

     Kevin J. Dunlevy's reported cases

 

Wara Real Estate Co., K.S.C.C. v. Wara Real Estate Inc., 2006 WL 1461028 (Minn. App. 2006).

 

Timeline, LLC v. Williams Holdings # 3, LLC, 698 N.W.2d 181 (Minn. App. 2005).

 

Petition of Alchemedes/Brookwood, Ltd. Partnership, 546 N.W.2d 41 (Minn. App. 1996).

 

Petition of First Bank Nat. Ass'n., 1992 WL 145404 (Minn. App. 1992).

 

City of Saint Paul v. Northern States Power Co., 462 N.W.2d 379 (Minn. 1990).

 

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