Port Authority of St. Paul v. Harstad

OPINION

EUGENE MINENKO, Judge.

Appellants Keith T. and Diane N. Harstad leased land from respondent Port Authority of St. Paul and subleased it to first one and then another third party. In Harstads’ subsequent bankruptcy, the bankruptcy court granted Harstads’ request to assume what Harstads represented to the bankruptcy court was their “lease” obligation. Later, Harstads stopped paying rent to the Port Authority and the Port Authority sued Har-stads. When the Port Authority sought summary judgment, Harstads claimed that the parties’ agreement was an equitable mortgage. Harstads also sought…