Vic Christensen Mineral Trust v. Enerplus Resources Corp., et al.
- Vic Christensen Mineral Trust, Plaintiff
Enerplus Resources Corporation, Defendant, Cross-Claim Defendant,
Meyer Family Mineral Trust, Joann Deryce Struthers
Trust, and Steven J. Reed Living Trust, Defendants, Cross-Claim Plaintiffs,
- Case Type
- CIVIL APPEAL : OIL, GAS AND MINERALS
- Appeal From
Case No. 2019-CV-00012
Southwest Judicial District, Dunn County
William A. Herauf
Parties' Statement of Issues
1.Whether the District Court erred by holding Enerplus liable under N.D.C.C. § 47-16-39.1 despite the existence of a dispute of title;
2.Whether the District Court erred in holding Enerplus was required to suspendonly the precise payment amounts at issue; and
3.Whether the District Court erred in not granting summary judgment to Enerplus.
Enerplus Resources Corporation (“Enerplus”) appeals from a summary judgment order holding it liable for suspending royalty payments to Meyer Family Mineral Trust, Joann Deryce Struthers Trust, and Steven J. Reed Living Trust (collectively, “Trust Defendants”).
Enerplus, an oil and gas operator, drilled a well on certain land in Dunn County. The mineral interests in that land are owned by Vic Christensen Mineral Trust (“VCMT”) and the Trust Defendants. In October 2017, Enerplus informed VCMT and the Trust Defendants of an issue concerning title. Enerplus suspended royalty payments to VCMT and the Trust Defendants and required them to stipulate to their ownership interests.
VCMT sued the Trust Defendants for quiet title, and the Trust Defendants counterclaimed for quiet title. The parties eventually stipulated to their interests. Additionally, VCMT and the Trust Defendants sought statutory interest from Enerplus for suspending their royalty payments. The district court granted summary judgment in favor of VCMT and the Trust Defendants. Enerplus appeals the summary judgment order in favor of the Trust Defendants holding it liable for suspending payments to the Trust Defendants.
On appeal, Enerplus argues the district court erred by holding it liable despite the existence of a dispute of title, holding it was required to suspend only the precise payment amounts at issue, and not granting its summary judgment motion.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||02/18/2021||NOTICE OF APPEAL : 02/18/2021|
|2||02/18/2021||ORDER FOR TRANSCRIPT : 02/22/2021|
|3||02/19/2021||Received $125 filing fee (Receipt #28080)|
|4||02/19/2021||NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.|
|5||02/19/2021||Notice served on Zachary E. Pelham, John P. Streelman, Jacob F. Fischer, Jon Bogner &|
|6||02/19/2021||Thomas E. Kalil|
|7||02/24/2021||Affidavit of John P. Streelman & Jacob F. Fischer in Support of Admission to Practice Pro Hac Vice|
|8||03/22/2021||ELEC. RECORD ON APPEAL DATED MARCH 19, 2021 (ENTRY NOS.1-243)|
|9||04/22/2021||ELECTRONIC TRANSCRIPT DATED MARCH 30. 2020|
|10||04/22/2021||ELECTRONIC TRANSCRIPT DATED JULY 20, 2020|
|11||04/22/2021||ELECTRONIC TRANSCRIPT DATED FEBRUARY 4, 2020|
|13||05/14/2021||VCMT will not be filing an appellee's brief|
|15||06/01/2021||Oral Argument Request by Appellant|
|17||06/03/2021||Rec'd non-substantive correction to ATB (oral argument statement)|
|18||06/04/2021||Rec'd $11.50 overage fee (receipt #28154)|
|19||06/04/2021||Rec'd 4 copies of ATB & ATA from CSD|
|22||06/21/2021||Rec'd non-substantive corrections to AEB & AEA (page numbering of AEA, ocr, ref in AEB to AEA)|
|23||06/23/2021||Rec'd 4 copies of AEB & AEA from CSD|
|25||07/06/2021||Rec'd 4 copies of RYB from CSD|
|26||08/05/2021||NOTICE OF ORAL ARGUMENT SENT|
|27||08/06/2021||Intent to Particpate in Oral Argument by Meyer Family Mineral Trust, et al.|
|28||09/09/2021||APPEARANCES: Zachary E. Pelham, John P. Streelman & Jacob F. Fischer/Jon Bogner|
|29||09/09/2021||ARGUED: Zachary E. Pelham, John P. Streelman & Jacob F. Fischer/Jon Bogner|
|30||09/09/2021||ORAL ARGUMENT WEBCAST|