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HomeMy WebLinkAbout01-4576; 4577; 4578 MLDBOYD E. DILLER, INC. V. WESTWOOD HILLS ASSOCIATES, LLC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-4576 MLD BOYD E. DILLER, INC. V. WESTWOOD HILLS ASSOCIATES, LLC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-4577 MLD BOYD E. DILLER, INC. V. WESTWOOD HILLS ASSOCIATES, LLC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-4578 MLD CIVIL ACTION - LAW IN RE: PRELIMINARY OBJECTIONS TO CLAIMANT'S MECHANIC'S LIEN CLAIM BEFORE HOFFER, P.J., OLER, GUIDO, JJ. OPINION AND ORDER OF COURT Plaintiff filed each of the above claims for a mechanic's lien under Pennsylvania's Mechanics' Lien Law. ~ The claims arise out of site work done on various phases of a residential subdivision being developed by defendant. ~ 49 P.S. § 1101 et seq. 2001-4576 MLD - 2001-4577 MLD - 2001-4578 MLD Defendant has filed preliminary objections in the nature of a demurrer. The preliminary objections allege, inter alia, that the Mechanics' Lien Law does not apply because the work was done on unimproved land and was not incidental to the construction of any residence. Therefore, it argues that the claims must be dismissed. Since the issues involved are identical, the cases have been consolidated for deposition.2 DISCUSSION The standard to be applied to preliminary objections in the nature of a demurrer was succinctly stated by our Supreme Court as follows: A demurrer can only be sustained where the complaint is clearly insufficient to establish the pleader' s right to relief. For the purpose of testing the legal sufficiency of the challenged pleading a preliminary objection in the nature of a demurrer admits as true all well-pleaded, material, relevant facts, and every inference fairly deducible from those facts. Since the sustaining of a demurrer results in a denial of the pleader's claim or a dismissal of his suit, a preliminary objection in the nature of a demurrer should be sustained only in cases that clearly and without a doubt fail to state a claim for which relief may be granted. County of Allegheny v. Commonwealth, 507 Pa. 360, 372 490 A.2d 402, 408 (1985) (citations omitted). Furthermore, when ruling upon a demurrer, we are limited to a review of the allegations set forth in the complaint. Mellon Bank, N.A.v. Fabinyi, 437 Pa. Super. 559, 650 A.2d 895 (1994). Applying the above standard to the case at bar, we are satisfied that the demurrers must be granted. : While separate claims were filed in connection with the work done on each phase, the complaints in each case are virtually the same. 2 2001-4576 MLD - 2001-4577 MLD - 2001-4578 MLD The claims are based upon site work performed upon defendant's unimproved land. The work "included, but was not limited to, erosion control measures, site grading and preparation, sanitary sewer installation, storm sewer installation, street construction, water line installation, electrical trenching, gas line services, and sanitary trench excavation. ,,3 The cases before us are similar to the case of Sampson-Miller Associated Compa, ies, I,c. v. La,dmarkRealty Compa,y, 224 Pa. Super. 25, 303 A.2d 43 (1973). In Sampson-Miller plaintiff filed a mechanic's lien claim based upon work done on unimproved land. The work included "clearing, grubbing, excavating and grading the land; installation of storm sewers, sanitary sewers, paving and curbing; and seeding." 303 A.2d at 43. The Superior Court held that such site work does not qualify for a claim under the Mechanics' Lien Law unless it is "connected to, and an integral part of, the erection, construction, alteration, or repair of the main improvement, the main improvement being a dwelling or other permanent building or structure." (emphasis added) 303 A.2d at 45. Since the plaintiff's work in Sampson-Miller was not performed in conjunction with the construction or repair of such a structure, the Superior Court felt constrained to affirm the dismissal of the claim.4 In the instant cases there are no allegations that the site work was done in conjunction with the construction of any residence, building or other structure. To the contrary, it is clear from the complaints that the work at issue was merely the preliminary work necessary to allow the building lots to be conveyed by defendant to third parties. It Paragraph 4 of the complaint filed at 2001 MLD 4578. Virtually identical work was alleged in paragraph of the complaints filed at 2001 MLD 4576 and 2001 MLD 4577. 3 2001-4576 MLD - 2001-4577 MLD - 2001-4578 MLD is also clear that those third parties would later construct the contemplated residences. 5 Since there is no meaningful distinction between the cases at bar and Sampson-Miller, supra, we, also, are constrained to grant defendant's preliminary objections.6 ORDER OF COURT AND NOW, this 3RI~ day of JANUARY, 2002, it appearing to the court that the work alleged in each claim was preliminary site work not integrally related to the construction of an improvement as defined by 49 P.S. {} 1201, and that this case is controlled by the Superior Court decision of Sampson-Miller Associated Companies, Inc. v. Landmark Realty Company, 224 Pa. Super. 25, 303 A.2d 43 (1973), defendant's preliminary objections are GRANTED and plaintiff's mechanic's lien claims are STRICKEN. By the Court, Larry V. Young, Esquire W. Scott Sandusky, Esquire Ronald M. Lucas, Esquire Charles M. Suhr, Esquire :sld /s/Edward E. Guido Edward E. Guido, J. 4 While the Sampson-Miller Court perceived an inequity in the result it was reaching, it could see no alternative based upon the clear statutory language. The court went so far as to invite the legislature to amend the law in order to remedy the perceived inequity. However, the legislature never responded. s Attached as exhibits to each of plaintiff's claims are deeds conveying unimproved lots to third party builders who, presumably, have erected, or will be erecting, residences thereon. 6 Since we are granting the demurrers on this ground, there is no reason to address the other issues raised by defendant in its preliminary objections. 4 2001-4576 MLD - 2001-4577 MLD - 2001-4578 MLD