Search Tips

Garaas, et al. v. Petro-Hunt

Docket No. 20230200
Oral Argument: Friday, November 3, 2023 11:00 AM

Docket Info

Title
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
v.
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
Oral Argument 11/3/2023

Parties' Statement of Issues

  • Appellant

    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?

  • Appellee 1

    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.

Summary

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.

Briefs

Filing Date Description
07/21/2023 APPELLANT BRIEF View
08/02/2023 AMICUS CURIAE BRIEF (Allen Dominek & Arlen Dominek) View
09/20/2023 AMICUS CURIAE BRIEF (Chord Energy Corporation and Hess Bakken Investments II, LLC) View
09/20/2023 APPELLEE BRIEF View
10/04/2023 REPLY BRIEF View

Counsel

Party Type Name
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
9 07/21/2023 APPELLANT BRIEF 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
21 09/20/2023 APPELLEE BRIEF 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
28 10/04/2023 REPLY BRIEF 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