Boersen Farms Case Moving to Trial
Boersen Farms Lawsuit Advances on Equipment Fraud Claims in Michigan Court
LINCOLN, Neb. (DTN) -- A lawsuit that alleges that Boersen Farms in Zeeland, Michigan, leased farm equipment and sold it to a third party without holding title to the equipment is continuing toward trial in a circuit court in Ottawa County.
Originally, the U.S. District Court for the District of Western Michigan in 2024 dismissed a federal lawsuit filed by Florida-based Utica LEASCO LLC against JW Equipment LLC and Boersen Farms on a technicality.
A new lawsuit was filed by Utica against Boersen Farms sometime after in the 20th Circuit Court for the County of Ottawa in Grand Haven, Michigan, alleging Dennis, Stacy and Nicholas Boersen, and Stacy's sister, Lisa Robinson, "conspired to unlawfully sell equipment while hiding" the proceeds.
In September 2025, the court issued an order dismissing certain specific aspects of the claims.
However, the court is allowing the case to proceed on alleged conversion for participating in unauthorized sale of equipment; breach of contract with Utica; civil conspiracy; unjust enrichment for the receipt of proceeds from unauthorized equipment sales; voidable transfers; as well as equitable remedies on equipment liens.
"This is not a final order and does not close the case," the court said in its opinion.
In March 2025, the circuit court denied a motion for summary disposition filed by Robinson.
The lawsuit also alleges that Robinson and Dennis Boersen made at least 25 cash withdrawals of more than $5,000 each from business bank accounts. Robinson has argued in court that no funds were transferred to her, and the alleged cash transfers were merely transfers to other Boersen-affiliated accounts.
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The federal lawsuit that was dismissed outlined an alleged equipment scheme undertaken by Boersen, pointing to information shared with Utica by federal investigators as a basis for legal action.
Utica conducted one of several inspections at Boersen Farms in June 2023 after Boersen defaulted on an equipment lease with Utica for a second time, the federal lawsuit said.
After that inspection, Utica said it began to foreclose and repossess several items of equipment from Boersen Farms.
That is when Utica said it "learned that Boersen, by his own admission, stole 112 items of equipment and fraudulently transferred them to numerous entities, including defendant (JW Equipment)."
Throughout the summer of 2023, Utica said it obtained information from federal authorities about Boersen's alleged actions.
That included "documentary evidence from federal investigators revealing that since around August 2019, Boersen had been fraudulently transferring equipment to third parties like defendant, who were on notice of plaintiff's interest in the equipment," the lawsuit alleges.
"Those transactions included equipment that defendant had just sold to plaintiff (Utica) and delivered to Boersen," the complaint said.
"In each of these transactions, Boersen acted fraudulently through either Boersen Farms or Hilltop Equipment LLC (a Boersen business entity) and defendant (JW Equipment) took delivery of and paid Boersen Farms for the equipment with no notice to plaintiff (Utica)."
In the federal complaint, Utica said it entered into an equipment lease agreement with Boersen Farms and Affiliates LLC beginning in March 2018.
That same summer, two limited liability corporations owned by the farm and operated by Boersen's wife, Stacy, and son, Nicholas, sued the Great American Insurance Company, the Federal Crop Insurance Corporation and USDA after the entities delayed payment on 2019 crop insurance claims totaling at least $2.3 million, according to documents filed in that lawsuit, which was eventually dismissed by the same district court.
Boersen Farms has for years faced a number of lawsuits from companies that provided products and services to the farm, which once operated about 100,000 acres. Those lawsuits were filed in an attempt to force Boersen Farms to pay money owed to the companies.
Read more on DTN:
"Suit Alleges Boersen Stole Equipment," https://www.dtnpf.com/…
"Michigan Farm Raided by IRS Sues Feds," https://www.dtnpf.com/…
Todd Neeley can be reached at todd.neeley@dtn.com
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