In the late 1980s, real estate investors Anthony S. Brown and Eric Y. Lutz organized a group of 35 investors to buy real estate in the Detroit area. As the general partners, Brown and Lutz engineered the purchase of the Eastland Apartments complex and turned over the management of the property to Village Green.

In 1993 and 1994, Brown had Village Green officials transfer $778,000 to him from the Eastland Apartments account, Charfoos says. The transaction didn't show up on the general financial statements and Lutz was unaware that the partnership's financial position had changed, according to testimony during the trial, says the attorney.

As a result of the $778,000 withdrawal, property taxes were not paid on time and the mortgage holder, Prudential, foreclosed on the property. The 35 limited partners lost all money invested in the partnership. The building remains tied up in bankruptcy proceedings.

Subsequently, both Brown and Lutz went through bankruptcy. The jury found that Brown was not personally liable for any of the damages suffered by the limited partners. Charfoos is the plaintiffs' lead attorney.

Want to continue reading?
Become a Free ALM Digital Reader.

Once you are an ALM Digital Member, you’ll receive:

  • Breaking commercial real estate news and analysis, on-site and via our newsletters and custom alerts
  • Educational webcasts, white papers, and ebooks from industry thought leaders
  • Critical coverage of the property casualty insurance and financial advisory markets on our other ALM sites, PropertyCasualty360 and ThinkAdvisor
NOT FOR REPRINT

© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.