Armstrong v. Helms
Docket No. 20210227
Oral Argument:
Waived
Docket Info
- Title
- Phillip D. Armstrong, Plaintiff and Appellant
v.
Lynn D. Helms, Director, Oil & Gas Division,
North Dakota Industrial Commission Defendant and Appellee - Case Type
- CIVIL APPEAL : OIL, GAS AND MINERALS
- Appeal From
-
Case No. 2021-CV-00026
South Central Judicial District, Burleigh County
David E. Reich
2022 ND 12969 N.W.2d 180
Highlight
The North Dakota Century Code and North Dakota Administrative Code provide extensive laws and regulations related to oil and gas development, including the reclamation of oil wells and bond terms.
State law is not preempted by federal law when the well operator can comply with both the state law and federal law.
The district court did not err in dismissing the claim as the plaintiff failed to exhaust his administrative remedies before bringing suit.
Counsel
| Party | Type | Name |
|---|---|---|
| APPELLEE | ATT. GENERAL OFFICE | Matthew Arnold Sagsveen - 05613 |
| APPELLANT | PRO SE | Phillip D. Armstrong |
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 08/13/2021 | NOTICE OF APPEAL : 08/13/2021 | |
| 2 | 08/13/2021 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 3 | 08/13/2021 | Notice served on Phillip D. Armstrong & David R. Phillips | |
| 4 | 08/22/2021 | ORDER OF REMAND | |
| 5 | 08/22/2021 | Briefing stayed pending remand | |
| 6 | 09/03/2021 | Check for filing fee returned by bank as having non-sufficient funds | |
| 7 | 09/07/2021 | Rec'd $125 filing fee (cash) | |
| 8 | 09/07/2021 | MOTION FOR EXTENSION OF TIME TO PAY FILING FEE | |
| 9 | 09/08/2021 | AMENDED MOTION FOR EXTENSION OF TIME TO PAY FILING FEE | |
| 10 | 09/13/2021 | ACTION BY CHIEF JUSTICE - Granted : 09/07/2021 | |
| 11 | 09/21/2021 | Order on Motion for Reconsideration filed in district court 9/8/21 | |
| 12 | 09/21/2021 | APPELLANT BRIEF | View |
| 13 | 09/21/2021 | APPELLANT APPENDIX | |
| 14 | 09/22/2021 | Rec'd 4 copies of ATB & ATA from CSD | |
| 15 | 09/22/2021 | ELEC. RECORD ON APPEAL DATED SEPTEMBER 21, 2021 (ENTRY NOS.1-67) (re-filed) | |
| 16 | 10/21/2021 | APPELLEE BRIEF | View |
| 17 | 10/21/2021 | APPELLEE APPENDIX | |
| 18 | 10/22/2021 | Rec'd corrections to AEA | |
| 19 | 10/25/2021 | Rec'd 3 copies of AEB and 2 copies of AEA back from CD | |
| 20 | 10/26/2021 | ORAL ARGUMENT WAIVED - NO REQUESTS FOR ORAL ARGUMENT | |
| 21 | 11/02/2021 | REPLY BRIEF | View |
| 22 | 11/04/2021 | Rec'd 3 copies of RYB from CSD | |
| 23 | 12/16/2021 | APPEARANCES: Waived under N.D.R.App.P. 34(a)(1)(c) | |
| 24 | 12/16/2021 | ARGUED: Waived under N.D.R.App.P. 34(a)(1)(c) | |
| 25 | 12/28/2021 | Notice of Appearance and Substitution of Counsel by Matthew Sagsveen | |
| 26 | 01/06/2022 | DISPOSITION | |
| 27 | 01/06/2022 | UNANIMOUS OPINION : Jensen, Jon J. | View |
| 28 | 01/06/2022 | Costs on appeal taxed in favor of Appelee | |
| 29 | 01/06/2022 | Judgment | View |
| 30 | 01/28/2022 | MANDATE |