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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.


Briefs

Filing Date Description
09/21/2021 APPELLANT BRIEF View
10/21/2021 APPELLEE BRIEF View
11/02/2021 REPLY BRIEF View

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