Rick Snider and Janan Snider d/b/a RJ Snider Construction, Plaintiffs and Appellants
Granville "Beaver" Brinkman, Defendant and Dickinson Elks Building, LLC, Defendant and Appellee
from the District Court of Stark County, Southwest Judicial
District, the Honorable James D. Gion, Judge.
T. Foss, for plaintiffs and appellants.
Christopher J. Thompson, for defendant and appellee.
SANDSTROM, SURROGATE JUDGE.
1] Rick Snider and Janan Snider, doing business as RJ Snider
Construction ("Snider"), appeal from a summary
judgment forfeiting a construction lien against the property
that formerly housed the Dickinson Elks Lodge but is now
owned by private investors, the Dickinson Elks Building, LLC
("DEB"), and prohibiting Snider from recording
additional liens against the property without performing
additional work. We affirm.
2] In December 2011, Snider contracted with Beaver Brinkman
to perform work on real property owned by DEB. Snider
recorded a construction lien in January 2013 for $198, 255.08
against the property after it did not get paid for all of its
work performed between December 2011 and October 2012. In May
2014, DEB served Snider with a demand under N.D.C.C. §
35-27-25 to begin a lawsuit to enforce the lien and record a
lis pendens within thirty days of the demand. Snider sued DEB
in June 2014, seeking foreclosure of the construction lien.
Snider recorded a notice of lis pendens on July 28, 2014.
3] DEB moved for summary judgment, arguing Snider did not
have a valid construction lien because Snider did not record
a lis pendens within thirty days of receiving the demand to
enforce the lien. The district court granted the motion and
entered a judgment forfeiting Snider's construction lien
because Snider did not record a lis pendens within thirty
days of receiving DEB's demand to enforce the lien as
required under N.D.C.C. § 35-27-25.
4] In February 2015, two days after the district court
entered judgment forfeiting Snider's construction lien,
Snider recorded another construction lien for $174, 642.09
against DEB's property for work performed between March
2012 and November 2012. After Snider sued to enforce the
lien, DEB moved for summary judgment, arguing the district
court's previous forfeiture of Snider's lien
prevented Snider from recording another lien pertaining to
the same work performed on the property. The court granted
the motion, concluding that although the lien amounts
differed, both of Snider's recorded liens were related to
the same work performed on DEB's property. The court also
concluded its earlier forfeiture of Snider's lien under
N.D.C.C. § 35-27-25 prohibited Snider from recording
another lien for the same work.
5] The district court had jurisdiction under N.D. Const. art.
VI, §8, and N.D.C.C. §27-05-06. Snider's appeal
is timely under N.D.R.App.P. 4(a). This Court has
jurisdiction under N.D. Const. art. VI, §§2 and 6,
and N.D.C.C. §28-27-01.
6] Snider argues the district court erred in granting summary
judgment to DEB. Snider argues a lien claimant whose
construction lien is forfeited under N.D.C.C. § 35-27-25
can record another construction lien for the same work
7] The standard of review for summary judgment is
Summary judgment under N.D.R.Civ.P. 56(c) is a procedural
device for the prompt and expeditious disposition of a
lawsuit without a trial if either litigant is entitled to
judgment as a matter of law and if no dispute exists as to
either the material facts or the inferences to be drawn from
undisputed facts, or if resolving factual disputes will not
alter the result. Whether a district court ...