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Vic Christensen Mineral Trust v. Enerplus Resources Corp., et al.

Docket No. 20210050
Oral Argument: Thursday, September 9, 2021 1:30 PM

Docket Info

Title
Vic Christensen Mineral Trust, Plaintiff
v.
Enerplus Resources Corporation, Defendant, Cross-Claim Defendant,
and Appellant
and
Meyer Family Mineral Trust, Joann Deryce Struthers
Trust, and Steven J. Reed Living Trust, Defendants, Cross-Claim Plaintiffs,
and Appellees
Case Type
CIVIL APPEAL : OIL, GAS AND MINERALS
Appeal From
Case No. 2019-CV-00012
Southwest Judicial District, Dunn County
William A. Herauf
Oral Argument 9/9/2021

Parties' Statement of Issues

  • Appellant

    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.


Summary

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.


Briefs

Filing Date Description
06/01/2021 APPELLANT BRIEF View
06/18/2021 APPELLEE BRIEF View
07/02/2021 REPLY BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Not Licensed in ND - 00002
APPELLANT PRIVATE PRACTICE Zachary Evan Pelham - 05904
APPELLEE PRIVATE PRACTICE Jon Bogner - 03468
APPELLEE PRIVATE PRACTICE Jordan Lee Selinger - 08454

(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
12 04/26/2021 TRANSCRIPT C.O.S.
13 05/14/2021 VCMT will not be filing an appellee's brief
14 06/01/2021 APPELLANT BRIEF View
15 06/01/2021 Oral Argument Request by Appellant
16 06/01/2021 APPELLANT APPENDIX View
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
20 06/18/2021 APPELLEE BRIEF View
21 06/18/2021 APPELLEE APPENDIX
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
24 07/02/2021 REPLY BRIEF View
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