Alpine Lumber Co. v. Capital West National Bank

2010 WY 62, 231 P.3d 869, 2010 Wyo. LEXIS 66, 2010 WL 1957104
CourtWyoming Supreme Court
DecidedMay 18, 2010
DocketS-09-0057
StatusPublished
Cited by15 cases

This text of 2010 WY 62 (Alpine Lumber Co. v. Capital West National Bank) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alpine Lumber Co. v. Capital West National Bank, 2010 WY 62, 231 P.3d 869, 2010 Wyo. LEXIS 66, 2010 WL 1957104 (Wyo. 2010).

Opinion

KITE, Justice.

[T1] Alpine Lumber Co. and Alpine Installations, LLC ("Alpine") supplied materials to a residential construction project in Casper, Wyoming, and did not receive payment. Alpine filed liens within 120 days of providing materials and contends the liens were timely because Alpine was a "contractor" under Wyoming's lien statutes. The district court granted partial summary judgment against Alpine holding Weyerhaeuser Co. v. Walters, 707 P.2d 733 (Wyo.1985) controlled, Alpine was a materialman and the applicable statutes required the liens to be filed within 90 days of providing the materials. We affirm.

ISSUES

[12] Alpine presents one issue for this Court's determination:

I. Whether the District Court was in error in concluding that the Appellants were "materialmen" (and thus required to file their liens within 90 days) and not contractors (and thus required to file their liens within 120 days) as those terms are defined by Wyoming Statute § 29-2-201 (LexisNexis 2007).

Capital West National Bank ("Capital West") phrases the issue as follows:

Issue 1: If an entity provides only materials to a builder/eontractor who is also the property owner, is that entity a material-man or a contractor?

FACTS

[13] MeDonald Homes, LLC (MeDonald) was a Wyoming limited liability company with principal offices in Loveland, Colorado. McDonald was in the business of residential development, ie., building and selling residential homes. In the spring of 2006, McDonald commenced a project of developing and constructing some thirty residential homes on properties it owned in Casper. Capital West National Bank (Capital West), provided the financing for these projects and received mortgages on the homes and property. Alpine Lumber Company is a Colorado corporation, and is in the business of commercial and retail sale of lumber and other building supplies for construction projects. Alpine Installation, LLC is a subsidiary of Alpine Construction and supplies window and door assemblies.

[T4] Alpine entered into contracts with McDonald to provide materials for the construction of the residences on MeDonald's property. Between May and September 2006, they shipped materials to Casper which were incorporated into MeDonald building projects. Midway through, McDonald began having financial difficulties and stopped paying its creditors. A number of homes were completed, others were simply abandoned. In the end, McDonald was indebted to Alpine for sums in excess of $200,000. Ultimately, Alpine filed some thirty liens on twenty-two separate properties. There are twelve liens on seven separate properties involved in this appeal. Eventually, various entities began to foreclose on the properties. In particular, Capital West filed its Complaint for Judgment and Foreclosure on May 10, 2007. It is undisputed that none of Alpine's liens were filed within 90 days of the last day of providing material and that all of their liens were filed within 120 days of that date.

STANDARD OF REVIEW

[¥5] When reviewing a district court's order granting summary judgment, we consider the record de movo. Stone v. *871 Devon Energy Prod. Co., L.P., 2009 WY 114, ¶ 10, 216 P.3d 489, 492 (Wyo.2009).

The propriety of granting a motion for summary judgment depends upon the correctness of a court's dual findings that there is no genuine issue as to any material fact and that the prevailing party is entitled to judgment as a matter of law.

Wyoming Medical Center v. Wyoming Ins. Guar. Ass'n, 2010 WY 21, ¶ 11, 225 P.3d 1061, 1064 (Wyo.2010), quoting McGarvey v. Key Prop. Mgmt. LLC, 2009 WY 84, ¶ 10, 211 P.3d 503, 506 (Wyo.2009). See also, W.R.C.P. 56(c).

[16] There are no disputes of fact in this case. Instead, resolution of the issue presented here depends on interpretation of the lien statutes. Statutory interpretation is a question of law, reviewed de novo without any deference to the district court's determinations. Wyoming Dep't of Revenue v. Exxon Mobil Corp., 2007 WY 112, ¶ 15, 162 P.3d 515, 522 (Wyo.2007). See also, Powder River Coal Co. v. Wyoming Dep't of Revenue, 2006 WY 137, ¶ 9, 145 P.3d 442, 446 (Wyo.2006).

DISCUSSION

[17] Contractor's or materialmen's liens are authorized pursuant to Wyo. Stat. Aun. §§ 29-2-101 through 29-2-111 (LexisNexis 2009). Alpine recorded contractors/material-men liens pursuant to § 29-2-101(a) which provides, "[Elvery person performing any work on or furnishing any materials or plans for any building or any improvement upon land shall have for his work done or plans or materials furnished a lien upon the building or improvements, and upon the land of the owner on which they are situated...." Every contractor must file his lien statement within 120 days and "every other person" must file within 90 days after the last day when work was performed or materials furnished under contract or from the date the work was substantially completed or substantial completion of the contract to furnish materials. Section 29-2-106(a2)(@) and (G). If Alpine is considered a contractor, it had 120 days from the last date it provided work, services, or materials to file the liens; if Alpine is a materialman, the 90 day time limitation applies.

[T8] Our rules of statutory interpretation are well established:

[Wle begin by inquiring into the ordinary and obvious meaning of the words employed by the legislature according to the manner in which those words are arranged. If more than one reasonable interpretation exists, we resort to general principles of statutory construction. When the legislature has spoken in unambiguous terms, however, we are bound to the results so expressed.

Wyodak Res. Dev. Corp. v. Wyoming Dep't of Revenue, 2002 WY 181, ¶ 18, 60 P.3d 129, 137 (Wyo.2002).

[19] The statute contains the following definitions:

§ 29-1-201. Definitions; agency relationships presumed.
(a) Except as otherwise provided, as used in this title:
(i) "Contractor" means:
(A) A person employed by and contracting with an owner to improve an owner's property....
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(#i) "Improve or improvement" means:
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(B) Any work performed or material furnished for the permanent change of any real property; and
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(v) "Owner" as used in this act means:
(A) With respect to construction liens: any person with a legal or equitable interest in the property to be changed, altered or improved, for whose use or benefit any improvement shall be made or any materials furnished;
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(vi) "Subcontractor" or "materialman" means a person other than a contractor performing work or furnishing materials to an owner or a contractor under contract;

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2010 WY 62, 231 P.3d 869, 2010 Wyo. LEXIS 66, 2010 WL 1957104, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alpine-lumber-co-v-capital-west-national-bank-wyo-2010.