A.G. Golden v. SM Energy Company
A.G. Golden; Paul E. Nordstog; Cooper
B. Land; Solveig K. Land; Howard D.
Armentrout and Delores K. Armentrout,
as Co-Trustees of the Armentrout Family
Revocable Living Trust dated May 24,
2005; Craig L. Bolenbaugh, and Joseph
Michael Bolenbaugh, Peter Francis
Bolenbaugh, and James Patrick
Bolenbaugh, as joint tenants; and Royalty
Interest Partnership, LP, Plaintiffs and Appellees
SM Energy Company, a Delware
corporation, Defendant and Appellant
Northwest Judicial District,
Judge David W. Nelson
|Nature of Action:||Real Property|
|Term:||11/2012  Argument: 11/08/2012 2:45pm|
|ND cite:||2013 ND 17|
826 N.W.2d 610
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
1.Did the District Court err in holding that:
a.the assignee expressly assumed the personal covenant by the 1993 agreement when this interpretation required disregarding relevant contractual language?
b.the assignee constructively assumed the personal covenant because it had record notice of that covenant, even if it did not expressly agree to assume it?
c.the assignee assumed the personal covenant by operation of North Dakota Century Code 9-03-25 because the assignee acquired the leases that were the subject of the 1970 agreement and, therefore, accepted the benefits of that agreement?
2. Did the District Court err in ordering Defendant-Appellant SM Energy Company ("SM") to pay retroactive royalties to compensate the Plaintiffs for underpayments, when SM's past payments were made pursuant to executed division orders?
3.Did the District Court err in granting the Plaintiffs relief as to unpleaded claims and unidentified properties?
Appellee's Statement of the Issues:
I.Whether the district court was correct in holding that Tipperary, and then SM Energy, specifically assumed the rights and obligations of the Letter Agreement.
II.Whether the district court was correct in holding that SM Energy is bound by the Letter Agreement because it accepted the benefits of the same.
III.Whether the district court was correct in applying its analysis to all leases and lands specified in the Letter Agreement.
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|1||06/07/2012||NOTICE OF APPEAL: 06/05/2012|
|2||06/07/2012||ORDER FOR TRANSCRIPT: 06/05/2012|
|3||06/07/2012||ANNOUNCED DISQUALIFICATION: Crothers, Daniel John|
|4||06/27/2012||Updated affidavit of David R. Hammond received (pro hac vice)|
|5||07/05/2012||ELEC. RECORD ON APPEAL DATED 07/03/2012 (ENTRY NOS.1-104)|
|6||07/12/2012||MOTION FOR PRO HAC VICE W/SUPPORTING AFFIDAVIT|
|7||07/21/2012||TRANSCRIPT DATED 01/30/2012 & C.O.S.|
|8||07/21/2012||DISK- Transcript dated 01/30/2012 (e-mailed)|
|12||08/30/2012||ACTION BY CLERK (MOTION FOR PRO HAC VICE)|
|13||09/27/2012||RECEIVED $25 E-FILING SURCHARGE FOR AEB (RECEIPT #21522)|
|14||09/28/2012||APPELLEE BRIEF AND ADDENDUM|
|18||10/03/2012||RECEIVED NON-SUBSTANTIVE CORRECTIONS TO AEB & AEA|
|19||10/04/2012||RECEIVED 7 COPIES OF AEB FROM CENTRAL DUPLICATING|
|20||10/04/2012||RECEIVED 6 COPIES OF AEA FROM CENTRAL DUPLICATING|
|21||10/11/2012||REPLY BRIEF and ADDENDUM|
|23||10/11/2012||DISK-RYB and Addendum|
|24||10/15/2012||Rec'd 8 copies of RYB w/non-substantive changes to the footnote font size|
|25||10/15/2012||DISK-Corrected RYB and Addendum|
|26||10/18/2012||NOTICE OF ORAL ARGUMENT SENT|
|27||10/18/2012||SITTING WITH THE COURT: McEvers, Lisa K. Fair|
|28||10/19/2012||ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V.|
|29||10/19/2012||SITTING WITH THE COURT: Hodny, William F.|
|30||11/08/2012||APPEARANCES: H. Malcolm Pippin;David R. Hammond; Amy De Kok & Jillian Rupnow|
|31||11/08/2012||ARGUED: David R. Hammond; Amy De Kok|
|32||11/08/2012||ORAL ARGUMENT WEBCAST|
|33||02/01/2013||DISPOSITION (AND REMANDED): AFFIRMED/PT, REVERSED/PT|
|34||02/01/2013||UNANIMOUS OPINION: VandeWalle, Gerald W.|
|35||02/10/2013||Costs on appeal not taxed against either party|
|36||02/04/2013||Judgment Sent to Parties|
|38||03/11/2013||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|