MINOT — A foreclosure lawsuit against the former founder and CEO of EPIC Co., Todd Berning, that has resulted in several cross-claims by subcontractors appears to be headed to trial in early 2026.
Bravera Bank filed a suit in October against Henry Land Holding LLC, including Berning, Brian Kounovsky and William Gokey II, alleging they owe about $3 million on a loan given to them for a development property in Minot, according to Ward County District court documents.
Court documents said a construction loan was granted to the Henry Land Holding and the three men in August 2021 to develop nine lots of Highlander Estates in southwest Minot.
Berning and the two men personally guaranteed the loan but payments have not been made since September 2024, according to the documents. Kounovsky served as vice president of Epic Companies until he resigned in May 2024. Gokey is the vice president of the Pepsi distribution Northern Bottling Co.
Also listed as defendants in the foreclosure suit are several construction subcontractors such as Dakota Underground Specialties, Minot Paving Co., and STC Flooring, which have outstanding liens on the property and have since filed cross-claims in an attempt to also recoup some payment.
A trial date has been scheduled for the foreclosure hearing on Feb. 2, 2026.
Berning and EPIC Companies face two other lawsuits. In September, 7Seven Property Partners, a Minot-based limited liability company, filed suit against Berning in Cass County District Court, alleging he personally guaranteed a $506,933 loan made to EOLA Capital LLC.
In January, Mark and Teresa McGuigan, of Williston, N.D., and WTS-ND Holdings LLC filed another suit in Cass County court against Berning and multiple defendants with ties to Epic Companies and the EPIC-owned businesses of Vision REIT. The second suit requests that Berning return the McGuigans’ development investments of $325,000 plus interest, taxable court costs, and legal fees, and any other relief the court should find.
Despite attempts to locate him by sheriff’s office personnel, court processors and private detectives in West Fargo, Minot and Minnesota,
Berning could not be found for months
.
According to court records, Berning or attorneys for Berning have now received notifications of all three lawsuits.
EPIC Companies, along with subsidiary companies Midwest LLC, EPIC Companies Midwest 2023 LLC, EPIC Employee LLC and EC West Fargo LLC,
filed for bankruptcy protection
in July 2024. The bankruptcy filing came after the company suddenly shut its doors the previous May.
Wendy Reuer covers all things West Fargo for The Forum.
