Arnold Murray Construction v. Wittrock

AMUNDSON, Justice.

Billie Jo Wittrock (Wittrock) appeals from trial court’s judgment in favor of *34Arnold Murray Construction (Company). We reverse and remand.

FACTS

In 1979, Company built an apartment complex in Sioux Falls, South Dakota, known as “Eagles Nest.” Bonnie Murray is the property manager for Eagles Nest, and is a general partner in Company. The Eagles Nest project was financed with a low-interest loan through the United States Department of Housing and Urban Development (HUD). In return for the low-interest financing and federally subsidized rent guarantees Company received from HUD,…