Central Trust Co. v. Dan's Marina (1993)

Central Trust v. Dan’s Marina (1993)

Decided July 16, 1993; Lester, C.J.; all concur. The full CAP opinion, including its partial reversal and refusal to reach the separate towing statute, was retrieved at the primary URL above.

Source note (2026-10-18):

• Links on this page to https://static.case.law/sw2d/858/cases/0211-01.json are an (unofficial Caselaw Access Project copy, retrieved before 2026-10-18; host disallows automated access); no official or otherwise permitted full-text copy was located on 2026-10-18.

Facts

The lender perfected its purchase-money security interest in a Bayliner. Dan’s Marina retained the boat while furnishing repair, towing and storage services. Its claim included USD 1,022.14 in service charges. The lender accepted the repair component’s priority but challenged the remaining charges.

Complete holdings and disposition

• KRS 376.268’s amended vessel definition and 376.270 covered the marina’s possessory lien. Under former 355.9-310 and corbin-deposit-bank-v-king-1964, repairs and storage preserving the boat had priority over the perfected lender; preservation-related towing was covered work as well.
• The profit-enhancing service charges were not work preserving the collateral and could not be included in the superior lien. The court reversed that component.
• The court declined to decide KRS 376.275: it had not been preserved in the trial court or prehearing statement, and the then-operative statute concerned involuntary towing/storage. That discussion is not a holding that today’s 376.275 text governs every voluntary marina tow.

Affirmed as to repairs, towing and storage; reversed/remanded as to service charges, 858 S.W.2d at 212–13. This decision concerns priority, not a universal private-sale clean-title certificate.

Current treatment and limits

KRS 355.9-333 now supplies the qualifying possessory-lien definition. Current 376.272 separately authorizes a marina enforcing its 376.270 lien to sue, join discernible secured parties, and obtain a court-directed title/proceeds order, subject to federal vessel law. Those are enforcement branches of the same grant. Retrieved primary texts: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=33786 and https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=45347 .

Farmer’s and Miner’s Bank v. Lee, E.D. Ky., Doc. 49 (October 19, 2017), pp. 12–14, discusses and distinguishes Central Trust because the competing claim there relied on the different mineral- leasehold statute. Full government-hosted opinion: https://www.govinfo.gov/content/pkg/USCOURTS-kyed-6_15-cv-00064/pdf/USCOURTS-kyed-6_15-cv-00064-0.pdf . This is identified treatment and full-holding verification, not an exhaustive citator certificate.

Applies in →

kentucky · vessels · marina-and-storage-lien-sales-of-vessels

Legal information, not legal advice. Verify primary sources and current law before acting.