Bragg v. Burlington Resources Oil & Gas Co.

20080129 James H. Bragg and
J. Michael Gleason, Plaintiffs and Appellees
v.
Burlington Resources Oil
and Gas Company LP, Defendant and Appellant

Appeal from: District Court, Southwest Judicial District, Bowman County
Judge Zane Anderson
Nature of Action: Contracts
Counsel:
Appellant: John W. Morrison Jr.
Appellee: Zuger Kirmis & Smith
Term: 10/2008   Argument: 10/28/2008  10:10am
ND cite: 2009 ND 33
NW cite: 763 N.W.2d 481

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
Whether the District Court erred in granting summary judgment for Bragg and Gleason on the ground that a quit claim deed from Continental Resources, Inc. ("Continental") to Bragg and Gleason as part of a "settlement agreement," by which Continental quitclaimed its interest in oil and gas leases that it previously assigned to Burlington Oil & Gas Resources LP ("Burlington"), served to divest Burlington (a prior purchaser) of its interest in those leases under the lis pendens doctrine.

Appellee's Statement of the Issues:
Appellant, Burlington Resources Oil and Gas Company, LP ("Burlington"), sets forth in its brief the primary issue in this case. However, there is a second issue. This second issue arises if this Court were to determine that Burlington is not barred by the doctrine of lis pendens from claiming an interest in the subject real estate superior to the Appellees, James H. Bragg ("Bragg") and J. Michael Gleason ("Gleason") (collectively, "Appellees", or "Bragg/Gleason"). In that case, the additional issue is whether Burlington, as a matter of law, is estopped from asserting its claim that it is not so bound by the doctrine of lis pendens.

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Docket entries:
106/02/2008 NOTICE OF APPEAL: 05/29/2008
206/24/2008 RECORD ON APPEAL (2 volumes). Not rec'd entry no. 17 (entry in error).
307/02/2008 MOT. EXT/TIME APPELLANT BRIEF & Affidavit in Support
407/03/2008 ACTION BY CLERK. Granted: 07/22/2008
507/22/2008 APPELLANT BRIEF
607/22/2008 APPELLANT APPENDIX
707/22/2008 DISK - atb
808/20/2008 APPELLEE BRIEF
908/20/2008 DISK-AEB
1009/08/2008 MOT. EXT/TIME REPLY BRIEF
1109/08/2008 ACTION BY CLERK (MRY). Granted: 09/15/2008
1209/16/2008 REPLY BRIEF
1309/16/2008 DISK-RYB
1410/28/2008 APPEARANCES: John W. Morrison; Lyle W. Kirmis
1510/28/2008 ARGUED: Morrison; Kirmis
1604/02/2009 DISPOSITION: AFFIRMED
1704/02/2009 SPLIT OPINION: Maring, Mary Muehlen
1804/02/2009 CONCURRING SPECIALLY: VandeWalle, Gerald W.: CONCUR
1904/02/2009 DISSENT: Kapsner, Carol Ronning: DISSENT
2004/02/2009 Join dissent: Sandstrom, Dale V.: JN/DIS
2104/02/2009 COSTS AWARDED IN FAVOR OF APPELLEES
2204/06/2009 Judgment E-Mailed to Parties
2304/16/2009 PETITION FOR REHEARING
2404/16/2009 DISK - PER
2504/30/2009 ACTION BY SUPREME COURT (PER). Denied
2604/30/2009 (NOTE: DVS voted to grant the Pet/Rehearing)
2705/12/2009 MANDATE
2805/18/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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