Garaas, et al. v. Petro-Hunt
- Jonathan T. Garaas and David Garaas, as Co-
Trustees of the Barbara Susan Garaas Family
Trust; Jonathan T. Garaas, as Trustee of the
David & Elizabeth Garaas Family Trust;
David Garaas, as Trustee of the Jonathan &
Jill Garaas Family Trust, Plaintiffs and Appellants
Petro-Hunt, L.L.C., a limited liability
company under the laws of the State of
Texas, Defendant and Appellee
- Case Type
- CIVIL APPEAL : OIL, GAS AND MINERALS
- Appeal From
Case No. 2023-CV-00065
Northwest Judicial District, McKenzie County
Robin Ann Schmidt
Parties' Statement of Issues
1. Did the trial court err in dismissing the Plaintiffs’ Complaint?
2. Does the North Dakota Industrial Commission have any right to decide judicial issues?
3. Does the North Dakota Industrial Commission have the right to take Plaintiffs’ property without just compensation?
4. Is there any administrative remedy available when there exists final administrative order(s)?
5. Did the trial court fail to exercise its statutory jurisdiction?
6. Does the North Dakota Industrial Commission have any right to issue judicial determinations, or declaratory judgments?
7. Is the interpretation of a final order issued by the North Dakota Industrial Commission an administrative remedy, or a matter that precludes judicial action under N.D.C.C. § 47-16-39.1?
8. Can an oil company waive property rights owned by others?
9. Does the North Dakota Industrial Commission have the authority to take private property without first paying just compensation, even if its intent is to give it to others?
10. Does the Plaintiffs’ Complaint fall within the exemption(s) to any perceived requirement for an exhaustion of remedies argument?
Whether the District Court correctly concluded that it lacked subject matter jurisdiction because Appellants failed to exhaust their administrative remedies before the North Dakota Industrial Commission.
Jonathan Garaas and David Garaas, as Co-Trustees of the Barbara Susan Garaas Family Trust; Jonathan T. Garaas, as Trustee of the David & Elizabeth Garaas Family Trust; David Garaas, as Trustee of the Jonathan & Jill Garaas Family Trust, appeal from a district court order dismissing their complaint for lack of subject matter jurisdiction.
Jonathan Garaas and David Garaas filed a complaint requesting declarative and monetary relief in February 2023. They argue Petro-Hunt did not properly calculate royalty interests. The district court dismissed the complaint in June 2023 due to lack of subject matter jurisdiction for failure to exhaust administrative remedies.
On appeal, Jonathan Garaas and David Garaas argue the district court erred when it dismissed the complaint.
|APPELLEE||PRIVATE PRACTICE||Wade Charles Mann - 05871|
|APPELLEE||PRIVATE PRACTICE||Zachary Ryan Eiken - 07832|
|APPELLANT||PRIVATE PRACTICE||Jonathan T. Garaas - 03080|
|AMICUS CURIAE||PRIVATE PRACTICE||Derrick Lance Braaten - 06394|
|AMICUS CURIAE||PRIVATE PRACTICE||Michelle Scheffler - 09139|
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||06/20/2023||NOTICE OF APPEAL : 06/20/2023||View|
|2||06/23/2023||Rec'd filing fee|
|3||06/23/2023||NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.||View|
|4||06/23/2023||Notice Served on Jonathan T. Garaas, Wade C. Mann & Zachary R. Eiken|
|5||06/26/2023||AMENDED NOTICE OF APPEAL||View|
|6||06/26/2023||NOT. OF FILING AMENDED NOT. OF APPEAL AND PROOF OF SERV.||View|
|7||06/26/2023||Notice Served on Jonathan T. Garaas, Wade C. Mann & Zachary R. Eiken|
|8||07/18/2023||ELEC. RECORD ON APPEAL DATED JULY 18, 2023 (ENTRY NOS. 1-47)||View|
|10||07/21/2023||Oral Argument Request by Appellant|
|11||07/24/2023||Rec'd 3 copies of ATB from CSD|
|12||07/28/2023||MOTION TO FILE AMICUS BRIEF BY ALLEN DOMINEK AND ARLEN DOMINEK||View|
|13||08/01/2023||ACTION BY CLERK - Granted|
|14||08/02/2023||AMICUS CURIAE BRIEF (Allen Dominek & Arlen Dominek)||View|
|15||08/07/2023||Rec'd 3 copies of ACB back from CD|
|16||08/15/2023||MOT. EXT/TIME APPELLEE BRIEF||View|
|17||08/15/2023||ACTION BY CLERK - Granted : 09/20/2023|
|18||09/20/2023||MOTION FOR LEAVE TO FILE AMICI CURIAE IN SUPPORT OF DEFENDANT/APPELLEE||View|
|19||09/20/2023||ACTION BY CLERK - Granted|
|20||09/20/2023||AMICUS CURIAE BRIEF (Chord Energy Corporation and Hess Bakken Investments II, LLC)||View|
|22||09/20/2023||Oral Argument Request by Appellee|
|23||09/21/2023||Rec'd service to ACB|
|24||09/21/2023||Rec'd corrections to AEB|
|25||09/21/2023||Rec'd 3 copies of ACB and AEB from CSD|
|26||09/22/2023||Rec'd 3 copies of ACB and AEB from CSD|
|27||10/03/2023||MOTION BY APPELLANTS TO STRIKE BRIEF OF APPELLEE PETRO-HUNT, L.L.C. - RspDue : 10/17/2023||View|
|29||10/05/2023||Rec'd 3 copies of RYB from CSD|
|30||10/10/2023||NOTICE OF ORAL ARGUMENT SENT|
|31||10/17/2023||Response Filed to Motion to Strike Brief of Appellee Petro-Hunt, L.L.C.||View|
|32||10/25/2023||ACTION BY SUPREME COURT (MOTION TO STRIKE BRIEF OF APPELLEE PETRO-HUNT, L.L.C.) - Denied|
|33||11/03/2023||APPEARANCES: Jonathan T. Garaas, Wade C. Mann & Zachary R. Eiken|
|34||11/03/2023||ARGUED: Jonathan T. Garaas and Wade C. Mann|
|35||11/03/2023||ORAL ARGUMENT WEBCAST|