Wenco v. EOG Resources, Inc.
Partnership, Plaintiff and Appellant
v.
EOG Resources, Inc., QEP Energy
Company, John Doe Defendants 1-10,
claiming any estate or interest in,
or lien or encumbrance upon, the
property described in numbered
paragraph 29 of the complaint, Defendants
---------------
EOG Resources, Inc., QEP Energy
Company, Appellees
Judge Todd L. Cresap
| Appellant: | David J. Hogue | |
| Appellee: | Lawrence Bender | |
| Appellee: | Amy Lynn De Kok | |
| Appellee: | John W. Morrison Jr. | |
| Appellee: | Wade Charles Mann | |
| Appellee: | Jillian Rene Rupnow |
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Whether the district court correctly concluded that the mineral interest owned by defendant QEP Energy Company ("QEP") is unburdened by a royalty assignment that was executed and recorded before QEP (and its predecessors in interest) acquired title to its mineral interest. Stated another way, the sole issue raised by appellant Wenco is whether the district court correctly concluded that only Wenco's mineral estate is burdened by the royalty assignment executed and recorded prior to Wenco's and QEP's acquisition of their respective mineral interests.
Wenco's position: The district court erred. The Duhig rule is not applicable to the facts of this case nor is the majority opinion of this Court in Acoma Oil Corp. v. Wilson, 471 N.W.2d 476 (N.D. 1991).
Whether the district court correctly concluded Wenco lacked standing to assert QEP waived its right to deny the Dockter Royalty Conveyance burdened only the Wenco mineral interest.
Wenco's Position: The district court erred. Wenco possesses standing to assert QEP's waiver of its right.
Appellee's Statement of the Issues:
I.Was EOG entitled to summary judgment dismissing Wenco's quiet title claim?
II.Did Wenco have Standing to Assert that QEP Waived Its Right to Contest the Original Division Order?
III.Did QEP Waive Its Right to Contest the Original Division Order?
Appellee's Statement of the Issues:
I.Whether the district court correctly granted summary judgment applying the Duhig rule, as applied in Acoma Oil Corporation v. Wilson, 471 N.W.2d 476 (N.D.1991), and the interest of QEP Energy Company ("QEP") is not burdened by the royalty interest owned by Northwestern National Bank.
II.Whether the district court properly granted summary judgment holding that QEP did not waive its right to a one-half mineral interest unburdened by the outstanding royalty interest.
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