Spielman-Fond, Inc. v. Hanson's, Inc.

Summary

The court considered whether Arizona mechanics' and materialmen's lien statutes violated the Fourteenth Amendment's Due Process Clause by allowing liens to be filed without prior notice or hearing. It held that filing a lien did not deprive the property owners of possession or a significant property interest because the owners could continue using the property and could still sell it. The court entered judgment for the defendants on Count One and amended the judgment under Rule 54(b) to permit an immediate appeal.

Holdings

1. Arizona's mechanics' and materialmen's lien statutes do not violate due process by failing to provide notice and a hearing before a lien is filed because the lien does not take possession or use of the property and does not absolutely prohibit its sale.

Questions Presented

1. Whether Arizona's mechanics' and materialmen's lien statutes, A.R.S. § 33-981 et seq., violate the Fourteenth Amendment's Due Process Clause by permitting a lien to be filed and recorded without prior notice or hearing to the property owner.

Disposition

other