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Petro-Hunt v. Tank, et al.

Docket No. 20230015
Oral Argument: Monday, October 2, 2023 2:45 PM

Docket Info

Title
Petro-Hunt, L.L.C., Plaintiff and Appellee
v.
Greggory G. Tank, individually, Greggory G.
Tank, Trustee, or his successors in trust, under the
Greggory G. Tank Revocable Living Trust dated
February 19, 2020, Defendants and Appellants
and
Ron J. Voller, A.M. Fruh, Steven D. Fruh,
Pal Properties, Inc., Jo Marie S. Nelson,
as Trustee UDT dated 4/2/2005, a/k/a the Donald
L. Laber Family Trust, Robert A Erickson and
Daniel M. Erickson, as Co-Trustees of the Erickson
Family Trust UDT dated December 11, 2001, Western Energy
Corporation, Bishop of Bismarck Diocese, Defendants and Appellees
and
Tommie S. Tank, Karen Buffington,
as Trustee of the Karen Buffington Family Mineral
Trust, created under a declaration of trust dated
December 8, 2011, James Ellis Metheny, Kevin
Metheny, Ellen Thompson, Dakota West Energy LLC, Avalon
North LLC, Ralph Christensen, Jr., Erick C. Christensen,
as Trustee of the Erick C. Christensen GST Trust dated August
21, 2004, Andrea Phipps Saunders Banning, Julia
Whitman Phipps Baker, Centennial Resources,
Inc., Arthur J. Jared, Barbara Steele, Steele
Resources LLC, Terry S. Mclvor, Trustee, or his
successors in trust, of the Mclvor Family Energy
Trust dated August 28, 2019, 4M Minerals, LLLP, Eleanor Keating
and Larry K. Keating, as Trustees of the Roy Keating Residuary
Trust, The Dublin Company, Kent M. Lynch, Joseph G. Lynch,
Carl A. Nelson, A.C. Harke and Phil W. Starkle, Defendants
Case Type
CIVIL APPEAL : OIL, GAS AND MINERALS
Appeal From
Case No. 2021-CV-00150
Northwest Judicial District, McKenzie County
Robin Ann Schmidt
Oral Argument 10/2/2023

Parties' Statement of Issues

  • Appellant

    ISSUE 1: The District Court erred by failing to Order Petro-Hunt to provide an accounting as required by Section 38-08-09.4(3). This is an issue of Law.
    ISSUE 2: The District Court erred in denying that Petro-Hunt is a fiduciary under the law and facts of this case (R268:12:¶41) and denying Tank’s Request to present and argue three Oklahoma cases. This is an issue of Law.
    ISSUE 3: The District Court erred in declaring that five 1937 Assignments burdened Tank’s SW4 Mineral Interest. This is an issue of Law.

  • Appellee 1

    Issues of Appellee Petro-Hunt:
    [¶1] Whether the District Court correctly concluded that the royalty assignments burdening Greggory G. Tank’s unleased mineral interests were and are effective.
    [¶2] Whether the District Court correctly concluded that Greggory G. Tank, as an unleased mineral owner who also elected to participate in the oil and gas wells at issue, must bear all of his proportionate share of the costs for drilling and operating those wells.
    [¶3] Whether the District Court correctly concluded that Greggory G. Tank did not demonstrate that he was entitled to an accounting in this case.

Summary

Greggory Tank, individually and as Trustee, or his successors in trust, of the Greggory G. Tank Revocable Living Trust, dated February 19, 2020, (“Tank”) appeals after the district court granted summary judgment to Petro-Hunt, L.L.C. on its quiet title claim and dismissed Tank’s counterclaims against Petro-Hunt with prejudice.

On appeal, Tank argues the district court erred by failing to order Petro-Hunt to provide an accounting, as required under statute; erred in denying Petro-Hunt is a fiduciary under the law and facts of this case and in denying his request to present and argue three Oklahoma cases; and erred in declaring five 1937 assignments burdened Tank’s mineral interest.

Briefs

Filing Date Description
06/26/2023 APPELLANT BRIEF View
07/26/2023 APPELLEE BRIEF (Petro-Hunt) View
07/26/2023 APPELLEE BRIEF (Bishop of Bismarck Diocese) View
07/27/2023 APPELLEE BRIEF (A.M. Fruh, Steven D. Fruh, Pal Properties, Inc.) View
08/08/2023 REPLY BRIEF View
09/28/2023 AMENDED APPELLEE BRIEF (Nelson/Erickson Trusts & Voller) (replaces brief filed 7/26/23) View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Not Licensed in ND - 00002
APPELLEE PRIVATE PRACTICE Zachary Ryan Eiken - 07832
APPELLEE PRIVATE PRACTICE Benjamin Ward Keup - 07013
APPELLEE PRIVATE PRACTICE Thomas Bruce Bair - 04263
APPELLEE PRIVATE PRACTICE Jon Bogner - 03468
APPELLEE PRIVATE PRACTICE Wade Charles Mann - 05871
APPELLEE PRIVATE PRACTICE Charles M Carvell - 03560
APPELLANT PRIVATE PRACTICE Lynn M Boughey - 04046
APPELLANT PRIVATE PRACTICE Fintan L Dooley - 03270

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 01/17/2023 NOTICE OF APPEAL : 01/17/2023 View
2 01/20/2023 Rec'd filing fee
3 01/23/2023 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. View
4 01/23/2023 Notice Served on Fintan L. Dooley, Wade C. Mann, Zachary R. Eiken, Bryan L. Van Grinsven,
5 01/23/2023 Erich M. Grant, Stephen A. Fetch, Olivia L. Krebs, Kasey D. McNary, Benjamin W. Keup,
6 01/23/2023 Charles M. Carvell, Jon Bogner, Thomas B. Bair, Tommie S. Tank, Barbara Steele, James E. Metheny
7 01/23/2023 Steele Resources LLC, Dakota West Energy LLC, Terry S. McIvor, Avalon North LLC,
8 01/23/2023 The Dublin Company, Centennial Resources, Inc, Kent M. Lynch, Arthur J. Jared, Joseph G. Lynch
9 01/23/2023 Eric C. Christensen, A.C. Harke, Phil W. Starkle & Carl Nelson
10 01/23/2023 ORDER FOR TRANSCRIPT : 01/24/2023 View
11 02/14/2023 ELEC. RECORD ON APPEAL DATED FEBRUARY 14, 2023 (ENTRY NOS. 1-286) View
12 03/20/2023 All Transcripts Filed in Record
13 04/07/2023 MOT. EXT/TIME APPELLANT BRIEF AND FOR ADDITIONAL PAGES View
14 04/10/2023 AMENDED MOT. EXT/TIME APPELLANT BRIEF AND FOR ADDITIONAL PAGES View
15 04/11/2023 2ND AMENDED MOT. EXT/TIME APPELLANT BRIEF AND FOR ADDITIONAL PAGES View
16 04/12/2023 3RD AMENDED MOT. EXT/TIME APPELLANT BRIEF AND FOR ADDITIONAL PAGES View
17 04/13/2023 Proof of service on e-served parties of Appellant motion
18 04/17/2023 Proof of service on U.S. mail served parties of Appellant motion
19 04/18/2023 ACTION BY CLERK (5 pages for brief) - Granted : 06/01/2023
20 05/26/2023 MOT. EXT/TIME APPELLANT BRIEF View
21 05/26/2023 ACTION BY CLERK - Granted : 06/30/2023
22 06/01/2023 MOTION OF PAUL G. NEILAN TO APPEAR PRO HAC VICE View
23 06/10/2023 ACTION BY CLERK - Granted
24 06/26/2023 APPELLANT BRIEF View
25 06/26/2023 Oral Argument Request by Appellant
26 06/28/2023 Rec'd 3 copies of ATB from CSD
27 07/26/2023 APPELLEE BRIEF (Petro-Hunt) View
28 07/26/2023 Oral Argument Request by Appellee (Petro-Hunt)
29 07/26/2023 APPELLEE BRIEF (Nelson/Erickson Trusts & Voller) (amended 9/28/23)
30 07/26/2023 APPELLEE BRIEF (Bishop of Bismarck Diocese) View
31 07/27/2023 Non-Compliant AEB (Fruh) received (late)
32 07/27/2023 Rec'd corrections to AEBs (Nelson & Diocese)
33 07/27/2023 Rec'd correction to AEB (diocese) OA statement
34 07/27/2023 Rec'd 3 copies of AEB (Petro-Hunt, Diocese and Nelson)
35 07/27/2023 APPELLEE BRIEF (A.M. Fruh, Steven D. Fruh, Pal Properties, Inc.) View
36 07/27/2023 MOT. EXT/TIME APPELLEE BRIEF (A.M. Fruh, Steven D. Fruh, Pal Properties, Inc.) View
37 07/28/2023 ACTION BY CLERK (MAE - A.M. Fruh, Steven D. Fruh, Pal Propertis, Inc.) - Granted : 07/27/2023
38 07/28/2023 Rec'd 3 copies of AEB from CSD (Nelson/Erickson Trusts & Voller)
39 07/28/2023 Rec'd 3 copies of AEB from CSD (Bishop of Bismarck)
40 07/28/2023 Rec'd 3 copies of AEB from CSD (A.M. Fruh, Steven D. Fruh, Pal Properties, Inc.)
41 08/08/2023 REPLY BRIEF View
42 08/09/2023 Rec'd 3 copies of RYB from CSD
43 09/21/2023 NOTICE OF ORAL ARGUMENT SENT
44 09/28/2023 Motion to Amend Response Brief of JoMarie Nelson, Trustee; Robert A. Erickson and Daniel M. View
45 09/28/2023 Erickson, Co-Trustee; Western Energy Corporation; and Ron Voller
46 09/28/2023 ACTION BY CLERK - Granted
47 09/28/2023 AMENDED APPELLEE BRIEF (Nelson/Erickson Trusts & Voller) (replaces brief filed 7/26/23) View
48 09/28/2023 Rec'd corrections to amd AEB - Nelson
49 09/29/2023 Rec'd 3 copies of Amd AEB from CSD
50 10/02/2023 APPEARANCES: Fintan L. Dooley, Lynn M. Boughey, Paul G. Neilan, Wade C. Mann & Zachary R. Eiken
51 10/02/2023 ARGUED: Paul G. Neilan & Wade C. Mann
52 10/02/2023 ORAL ARGUMENT WEBCAST