UMB BANK, N.A. v. EAGLE CREST APARTMENTS

No. 20220108.

984 N.W.2d 360 (2023)

2023 ND 4

UMB BANK, N.A., as successor trustee under the Indenture of Trust dated October 1, 2013, for the benefit of the holders of Multifamily Housing Revenue Bonds (Eagle Crest Apartments, LLC Project), Series 2013, Plaintiff and Appellee v. EAGLE CREST APARTMENTS, LLC; Bakken Housing Company, LLC; John T. Sessions; Historic Flight Foundation; Historic Hangars, LLC; FWF, Ltd.; Orkney Air, LLC, Defendants and Appellants and Any person(s) in possession; and all persons unknown, claiming any estate or interest in, or lien or encumbrance upon, the real estate described in the Complaint, Defendants.

Supreme Court of North Dakota.

Filed January 5, 2023.


Attorney(s) appearing for the Case

Karla M. Vehrs (argued) and Conor H.M. Smith (appeared), and George H. Singer (on brief), and William P. Wassweiler (on brief), Minneapolis, MN, for plaintiff and appellee.

Caryn A. Boisen (argued) and Madeline E. Davis (appeared), St. Paul, MN, and Caren L.W. Stanley (appeared) and Jon R. Brakke (on brief), Fargo, ND, for defendants and appellants.


[¶1] Eagle Crest Apartments, LLC, et al. (together "the Defendants"), appeal from a judgment awarding UMB Bank N.A. more than $21 million in an action for breach of contract, foreclosure, fraudulent transfers, and deceit. The Defendants raise a multitude of issues on appeal. Our review is limited to the issues they raised...

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