Nickel Mine Brook Associates v. Sakal

585 A.2d 1210, 217 Conn. 361, 1991 Conn. LEXIS 28
CourtSupreme Court of Connecticut
DecidedFebruary 5, 1991
Docket14105
StatusPublished
Cited by51 cases

This text of 585 A.2d 1210 (Nickel Mine Brook Associates v. Sakal) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nickel Mine Brook Associates v. Sakal, 585 A.2d 1210, 217 Conn. 361, 1991 Conn. LEXIS 28 (Colo. 1991).

Opinion

Callahan, J.

The sole issue presented by this appeal is whether an attorney who represents a client in obtaining a zoning change and in other matters relating to certain real property is entitled to file a mechanic’s lien under General Statutes § 49-33.1 We conclude that attorneys performing such services are not included among those entitled to file mechanic’s liens.

[362]*362The facts are not in dispute. The defendant, Joseph E. Sakai, P.C., is a law firm that performed legal services related to a 100 acre parcel of land in Seymour owned by the plaintiff, Nickel Mine Brook Associates, a general partnership. These services, which were provided between February, 1986, and January, 1990, involved zoning, land planning and related matters.* 2 The defendant’s bill for the services rendered was $62,195. The defendant timely filed a mechanic’s lien against the plaintiff’s parcel of land to secure payment for the services that had been provided. The plaintiff filed an application to discharge or reduce the lien pursuant to General Statutes § 49-35a.3 The trial court [363]*363granted the application, concluding that § 49-33 was not intended to protect claims by attorneys. The defendant appealed to the Appellate Court, and we transferred the matter to this court pursuant to Practice Book § 4023. We now affirm the judgment of the trial court.

Section 49-33 (a) provides that “[i]f any person has a claim for more than ten dollars for materials furnished or services rendered in the construction, raising, removal or repairs of any building or any of its appurtenances or in the improvement of any lot or in the site development or subdivision of any plot of land . . . the building ... or the lot or . . . the plot of land, is subject to the payment of the claim.” (Emphasis added.) The dispositive issue in this case is whether the legislature intended to include attorneys performing services for clients in connection with the rezoning of land and related real estate matters among the persons entitled to file mechanic’s liens when it expanded the scope of § 49-33 in 1974 by adding the phrase “or in the improvement of any lot or in the site development or subdivision of any plot of land.” See Public Acts 1974, No. 74-310.

The defendant contends that the legal services it performed for the plaintiff constitute services rendered in the improvement, the site development, and the subdivision of the property, as these terms are used in § 49-33 (a). It claims that because the statute does not exclude attorneys from the class of persons entitled to file mechanic’s liens, the services it provided fall within the purview of the statute when it is interpreted liberally. The plaintiff asserts that the trial court properly ruled that the defendant could not file a mechanic’s lien because the 1974 amendment was not intended to expand the scope of § 49-33 (a) to include persons whose services do not enhance the property in some physical [364]*364manner or lay the groundwork for the physical enhancement of the property. We agree that the 1974 amendment to § 49-33 does not extend the benefits of the mechanic’s lien statute to the defendant, but our interpretation of the amended statute does not require us to address whether the services rendered must always be connected to some physical enhancement of the property in order to fall within the scope of § 49-33 (a).

The starting point in any case involving a question of statutory construction must be the language used by the legislature. King v. Board of Education, 203 Conn. 324,332, 524 A.2d 1131 (1987); Verdona. Transamerica Ins. Co., 187 Conn. 363, 366,446 A.2d 3 (1982). “ ‘Where the words of a statute fail to indicate clearly whether the provision applies in certain circumstances, it must be construed by this court . . . .’ Board of Trustees v. Freedom of Information Commission, 181 Conn. 544, 550, 436 A.2d 266 (1980). Under our rules of statutory construction, this court is to be guided by the language, purpose and legislative history of the statute in question.” Zichichi v. Middlesex Memorial Hospital, 204 Conn. 399, 405, 528 A.2d 805 (1987).

The guidelines for interpreting mechanic’s lien legislation are well established. Although the mechanic’s lien statute creates a statutory right in derogation of the common law; Camputaro v. Stuart Hardwood Corporation, 180 Conn. 545, 550, 429 A.2d 796 (1980); Gruss v. Miskinis, 130 Conn. 367, 370, 34 A.2d 600 (1943); its provisions should be liberally construed in order to implement its remedial purpose of furnishing security for one who provides services or materials. H & S Torrington Associates v. Lutz Engineering Co., 185 Conn. 549, 553, 441 A.2d 171 (1981); Henry F. Raab Connecticut, Inc. v. J. W. Fisher Co., 183 Conn. 108,115, 438 [365]*365A.2d 834 (1981). Our interpretation, however, may not depart from reasonable compliance with the specific terms of the statute under the guise of a liberal construction. Camputaro v. Stuart Hardwood Corporation, supra, 551; Stone v. Rosenfield, 141 Conn. 188,191,104 A.2d 545 (1954). Finally, “the provisions of our statute differ sufficiently from the mechanic’s lien legislation of other states so that precedents elsewhere are of limited utility in the interpretation of our act.”4 Camputaro v. Stuart Hardwood Corporation, supra; New Haven Orphan Asylum v. Haqqerty Co., 108 Conn. 232, 236, 142 A. 847 (1928).

This court has previously examined the effect of the 1974 amendment to § 49-33 (a). In Camputaro v. Stuart Hardwood Corporation, supra, we considered whether a contractor’s work in road building and site preparation was lienable under § 49-33 prior to the 1974 amendment. We concluded that the contractor was not entitled to file a mechanic’s lien because “cases construing the language of [§ 49-33 prior to the 1974 amendment] have required, as a condition of lienability, that the work done be incorporated in or utilized in the building (or the appurtenance) to be constructed, raised, removed or repaired.” Id., 552. We concluded that one of the purposes of the 1974 amendment was to eliminate this requirement that the work be incorporated or utilized in a building or appurtenance. Id., 553-54. Finally, we noted that “[although the legislative history of the amended § 49-33 is, as is often true, [366]*366somewhat murky, it is consistent with an intention to expand the coverage of the mechanic’s lien.”5 Id., 554.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Dorry v. Garden
Supreme Court of Connecticut, 2014
Wilmington Trust FSB v. A1 Concrete Cutting & Demolition, LLC
289 P.3d 1199 (Nevada Supreme Court, 2012)
Cianci v. ORIGINALWERKS, LLC
16 A.3d 705 (Connecticut Appellate Court, 2011)
State v. Courchesne
998 A.2d 1 (Supreme Court of Connecticut, 2010)
Weber v. Pascarella Mason Street, LLC
930 A.2d 779 (Connecticut Appellate Court, 2007)
36 DeForest Avenue, LLC v. Creadore
915 A.2d 916 (Connecticut Appellate Court, 2007)
Rocco v. Garrison
848 A.2d 352 (Supreme Court of Connecticut, 2004)
Santa Fuel, Inc. v. Varga
823 A.2d 1249 (Connecticut Appellate Court, 2003)
Claywell v. Moon, No. Cv 01-0812959 (May 20, 2002)
2002 Conn. Super. Ct. 6662 (Connecticut Superior Court, 2002)
Dibner v. Winthrop Group, Inc., No. X06-Cv-01-0164317s (Apr. 18, 2002)
2002 Conn. Super. Ct. 5480 (Connecticut Superior Court, 2002)
Compass Engineering Group v. Lord, No. Cv01-0168086s (Mar. 19, 2002)
2002 Conn. Super. Ct. 3418 (Connecticut Superior Court, 2002)
Rigi Brothers, Inc. v. Verderame, No. Cv99-0423660s (Oct. 25, 2001)
2001 Conn. Super. Ct. 14238 (Connecticut Superior Court, 2001)
Arganese Prop. v. Salce Contr. Assoc., No. Cv01 038 05 67 S (Jun. 12, 2001)
2001 Conn. Super. Ct. 7961 (Connecticut Superior Court, 2001)
Crichton v. Noore, No. Cv 000159031 (Mar. 23, 2001)
2001 Conn. Super. Ct. 3985 (Connecticut Superior Court, 2001)
Martin Media v. Commonwealth, Department of Transportation
743 A.2d 448 (Supreme Court of Pennsylvania, 2000)
Ceci Bros. v. Five Twenty-One Corp.
724 A.2d 541 (Connecticut Appellate Court, 1999)
Spring v. Plan. Zoning Comm., New Canaan, No. Cv97 0157491 (Dec. 17, 1998)
1998 Conn. Super. Ct. 14903 (Connecticut Superior Court, 1998)
New England Savings Bank v. Meadow Lakes Realty Co.
706 A.2d 465 (Supreme Court of Connecticut, 1998)
Duran v. kitchen/bath Showcase, No. Cv97-0260646s (Jan. 22, 1998)
1998 Conn. Super. Ct. 106 (Connecticut Superior Court, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
585 A.2d 1210, 217 Conn. 361, 1991 Conn. LEXIS 28, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nickel-mine-brook-associates-v-sakal-conn-1991.