Preview:

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY ) ) ) Plaintiff, ) ) v. ) ) DELAWARE RIVER INDUSTRIAL ) PARK, LLC, a Delaware limited ) liability company, HARDCORE ) COMPOSITES, LLC, a Delaware ) limited liability company, ) HARDCORE COMPOSITES, LTD., ) a Delaware corporation, ) ) Defendants. ) ) FLOW ROBOTIC SYSTEMS, a ) division of FLOW ) INTERNATIONAL ) CORPORATION, ) ) Intervenor. ) JJID, INC., a Delaware corporation,

C.A. No. 03L-06-087-PLA

Submitted: May 11, 2007 Decided: July 30, 2007 UPON CONSIDERATION OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT DENIED UPON CONSIDERATION OF INTERVENOR'S MOTION FOR SUMMARY JUDGMENT DENIED MEMORADUM OPINION James S. Green, Esquire, SEITZ VAN OGTROP & GREEN, P.A., Wilmington, Delaware. Attorney for Plaintiff. James M. Geddes, Esquire, ASHBY & GEDDES, P.A., Wilmington, Delaware. Attorney for Defendant Delaware River Industrial Park, LLC.
1

James E. Huggett, Esquire, MARGOLIS EDELSTEIN, Wilmington, Delaware. Attorney for Defendants Hardcore Composites, LLC and Hardcore Composites, Ltd. Douglas N. Candeub, Esquire, MORRIS JAMES LLP, Wilmington, Delaware. David R. Fine, Esquire and Christopher R. Nester, Esquire, KIRKPATRICK & LOCKHART, LLP, Harrisburg, Pennsylvania. Attorneys for Intervenor Flow Robotics Systems.

ABLEMAN, JUDGE
2

I. Before the Court are cross-motions for summary judgment filed by Plaintiff JJID, Inc. ("JJID") and Intervenor Flow Robotics Systems ("Flow"). JJID seeks a declaration that its mechanic's lien on Defendants Hardcore Composites, LLC and Hardcore Composites, Ltd.'s (collectively "Hardcore") leased property at 618 Lambson Lane, New Castle, Delaware ("the Property") encompasses a water jet system. That is, JJID claims the water jet system, which was manufactured and delivered to the Property by Flow, became a fixture of the Property and, therefore, its mechanic's lien should attach to the water jet system. Flow, however, contends there is not enough evidence to conclude that the water jet system ever became a fixture of the Property. Flow further alleges that JJID's lien cannot attach to the water jet system because neither Flow nor DRIP gave written consent to Hardcore to install the water jet system as required by DEL. CODE ANN. tit. 25,

Download 95120.pdf

Delaware Law