Agrifund, LLC; and Hampton Pugh Company, LLC v. Regions Bank; Hill Seed & Elevator, Inc.;optimum Agriculture, LLC…

Summary

The court affirmed the circuit court’s determination that Regions Bank held priority over AgriFund’s lien in the 2015 crop proceeds and that Optimum Agriculture held a valid agricultural landlord’s lien. It concluded that the New Entities were alter egos used to evade Regions’ existing lien and that Article 9 did not support a financing-based super-priority for AgriFund. The court also held that a sublessor qualifies as a landlord entitled to assert a statutory crop lien.