Petro-Hunt v. Tank, et al.
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
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 |