Wilkinson, et al. v. Bd. of University and School Lands of the State of N.D.
Docket Info
- Title
- William S. Wilkinson; Ann L. Nevins and
Amy L. Perkins as Personal Representatives for the
Estate of Dorothy A. Wilkinson; Barbara Caryl Materne,
Trustee of the Petty Living Trust;
Charlie R. Blaine and Vanessa E. Blaine, as
Co-Trustees of the Charlie R. Blaine and
Vanessa E. Blaine Revocable Trust; Lois Jean Patch,
life tenant; and Lana J. Sundahl, Linda Joy Weigel,
Deborah J. Goetz, Marva J. Will, Ronald J. Patch,
Michael Larry Patch, and Jon Charles Patch, Remaindermen, Plaintiffs and Appellants
v.
The Board of University and School Lands of the
State of North Dakota, Brigham Oil & Gas, LLP; Statoil
Oil & Gas LP; Defendants and Appellees
and
EOG Resources, Inc.; XTO Energy Inc.; Petrogulf
Corporation, and all other persons unknown who have or
claim an interest in the property described in the Complaint, Defendants
and
North Dakota State Engineer, Intervenor and Appellee - Case Type
- CIVIL APPEAL : OTHER (Civil)
- Appeal From
-
Case No. 2012-CV-00038
Northwest Judicial District, Williams County
Paul W. Jacobson
Highlight
A person bringing a claim against the State for an injury shall present to the director of the office of management and budget within 180 days after the alleged injury is discovered or reasonably should have been discovered a written notice.
Civil conspiracy is a combination of two or more persons acting in concert to commit an unlawful act or to commit a lawful act by unlawful means, the principal element of which is an agreement between the parties to inflict a wrong against or injury upon another and an overt act that results in damages. A civil conspiracy generally requires the underlying act itself to be actionable as a tort claim.
A physical taking is where the government requires an owner to suffer a permanent physical invasion of her property. Total regulatory takings occur when regulations completely deprive an owner of all economically beneficial use of her property.
Unjust enrichment requires an enrichment, an impoverishment, a connection between the enrichment and the impoverishment, an absence of justification for the enrichment and impoverishment, and an absence of remedy provided by law.
Section 1983, 42 U.S.C., provides a cause of action against a state actor depriving a citizen of a constitutional right.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 01/25/2022 | NOTICE OF APPEAL : 01/25/2022 | |
| 2 | 01/25/2022 | ORDER FOR TRANSCRIPT : 01/26/2022 | |
| 3 | 01/26/2022 | Rec'd $125 filing fee | |
| 4 | 01/26/2022 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 5 | 01/26/2022 | Notice served on Robert B. Stock, Joshua A. Swanson, David P. Garner, Jennifer L. Verleger, | |
| 6 | 01/26/2022 | John E. Ward, Lawrence Bender, Spencer D. Ptacek, Michael J. Mazzone, Christopher C. Rosas, & | |
| 7 | 01/26/2022 | David D. Schweigert | |
| 8 | 02/02/2022 | ELECTRONIC TRANSCRIPT DATED JULY 22, 2021 | |
| 9 | 02/02/2022 | ELECTRONIC TRANSCRIPT DATED JULY 23, 2021 | |
| 10 | 02/02/2022 | Certificate of Service for transcripts | |
| 11 | 02/16/2022 | ELEC. RECORD ON APPEAL DATED FEBRUARY 15, 2022 (ENTRY NOS. 1-10, 12-826) | |
| 12 | 02/17/2022 | ELEC. SUPP. RECORD ON APPEAL DATED FEBRUARY 16, 2022 (ENTRY NOS. 827-828) | |
| 13 | 03/14/2022 | APPELLANT BRIEF | View |
| 14 | 03/14/2022 | Oral Argument Request by Appellants | |
| 15 | 03/15/2022 | Rec'd atb c.o.s. on Bender, Ptacek, Mazzone, Rosas, and Schweigert | |
| 16 | 03/17/2022 | Rec'd 3 copies of ATB from CSD | |
| 17 | 04/07/2022 | 2ND ELEC. SUPP. RECORD ON APPEAL DATED APRIL 6, 2022 (ENTRY NOS. 829-885) | |
| 18 | 04/08/2022 | MOT. EXT/TIME APPELLEE BRIEF | |
| 19 | 04/08/2022 | ACTION BY CLERK - Granted : 04/25/2022 | |
| 20 | 04/20/2022 | NOTICE OF ORAL ARGUMENT SENT | |
| 21 | 04/25/2022 | APPELLEE BRIEF (Board of University and School Lands & ND State Engineer) | View |
| 22 | 04/25/2022 | Oral Argument Request by Appellees (Board of University and School Lands & ND State Engineer) | |
| 23 | 04/25/2022 | APPELLEE BRIEF (Statoil & Gas, LLP f/k/a Brigham Oil & Gas, LLP) | View |
| 24 | 04/25/2022 | Oral Argument Request by Appellee (Statoil & Gas, LLP f/k/a Brigham Oil & Gas, LLP) | |
| 25 | 04/26/2022 | Rec'd c.o.s. of Statoil AEB on Robert B. Stock, Joshua A. Swanson, & Jennifer L. Verleger | |
| 26 | 04/27/2022 | Rec'd 3 copies of AEB from CSD (Statoil & Gas, LLP f/k/a Brigham Oil & Gas, LLP) | |
| 27 | 04/27/2022 | Rec'd 3 copies of AEB from CSD (Board of University and School Lands & ND State Engineer) | |
| 28 | 05/09/2022 | REPLY BRIEF | View |
| 29 | 05/10/2022 | Rec'd copies of RYB from Central Duplicating | |
| 30 | 05/18/2022 | APPEARANCES: Robert B. Stock & Joshua A. Swanson, Jennifer L. Verleger & John E. Ward | |
| 31 | 05/18/2022 | ARGUED: Joshua A. Swanson, Jennifer L. Verleger & John E. Ward | |
| 32 | 05/18/2022 | ORAL ARGUMENT WEBCAST | |
| 33 | 06/02/2022 | Supplemental citation under N.D.R.App.P. 28k by Appellee State | View |
| 34 | 06/02/2022 | Supplemental citation under N.D.R.App.P. 28k by Appellants | View |
| 35 | 08/22/2022 | ANNOUNCED DISQUALIFICATION : VandeWalle, Gerald W. | |
| 36 | 11/10/2022 | DISPOSITION | |
| 37 | 11/10/2022 | SPLIT OPINION : Tufte, Jerod E. | View |
| 38 | 11/10/2022 | Concur Specially : Crothers, Daniel John | |
| 39 | 11/10/2022 | Judgment | View |
| 40 | 11/10/2022 | Costs taxed in favor of Appellees | |
| 41 | 12/02/2022 | MANDATE | |
| 42 | 02/17/2023 | Notice of filing Petition for Writ of Certiorari to U.S. Supreme Court | View |
| 43 | 04/24/2023 | Letter from U.S. Supreme Court Denying Petition for Writ of Certiorari | View |