1IN THE UNITED STATES DISTRICT COURTFOR THE WESTERN DISTRICT OF NORTH CAROLINAAsheville DivisionROBERT W. NAGLE, ))Plaintiff, ))v. ) Civil Action No.))BANK OF AMERICA, N.A., ))Defendant. )
Plaintiff, by counsel, state as follows for their Complaint against Defendant Bank of America, N.A. (the "Bank").NATURE OF THE CASE1.
This case involves a real estate development marketed and sold to the Plaintiff and others by LR Buffalo Creek, LLC ("LR Buffalo Creek"), its parent company Land Resource,LLC ("Land Resource") (together, the "Developers"), and the Bank, through an elaborate schemedesigned to artificially inflate the value of lots in a subdivision located in Lake Lure, NorthCarolina known as Grey Rock ("Grey Rock").2.
The Developers accomplished this scheme, with the assistance of the Bank,through various negligent and/or intentional misrepresentations made directly and throughinstrumentalities of interstate commerce, including direct mailings, telephone calls, electronicmail, facsimile, and interstate commercial carriers.3.
The Developers and the Bank, through their agents, represented to Plaintiff thatGrey Rock would be a luxury resort with numerous amenities, as well as roads and utilities, toserve the lots in the subdivision.