Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Sundance Oil and Gas, LLC v. Hess Corp.

Supreme Court of North Dakota

November 20, 2017

Sundance Oil and Gas, LLC, Plaintiff and Appellee
v.
Hess Corporation, Defendant and Appellant and Barbara B. Corwin and Patricia B. Goldberg, Defendants

         Appeal from the District Court of Mountrail County, North Central Judicial District, the Honorable Stacy Joan Louser, Judge.

          Kirsten Tuntland (argued), Zachary E. Pelham (appeared), and Benjamin W. Keup (on brief), Bismarck, ND, for plaintiff and appellee.

          Michael J. Mazzone (argued), Houston, TX, and Dante E. Tomassoni (appeared), Duluth, MN, for defendant and appellant Hess Corporation. David P. Garner, Assistant Attorney General, Office of the Attorney General, Bismarck, ND, for amicus curiae State of North Dakota.

          OPINION

          Jensen, Justice.

         [¶ 1] Hess Corporation ("Hess") appeals from a summary judgment determining Sundance Oil and Gas, LLC ("Sundance") holds the superior leasehold mineral interest in a property located in Mountrail County. We reverse the district court's judgment and remand for further proceedings.

         I

         [¶ 2] In May 2014, Sundance sued Hess and the owners of the disputed mineral rights, Barbara B. Corwin and Patricia B. Goldberg, seeking to quiet title to leasehold mineral interests. In 1952, Edward J. Brown acquired a 50/2000ths interest in the mineral rights on the disputed property described as:

Township 154 North, Range 94 West of the 5th P.M.
Section 23: S1/2NW1/4, W1/2E1/2, N1/2SW1/4, SE1/4SE1/4, SE1/4SW1/4
Section 25: E1/2W1/2, SW1/4NW1/4, SW1/4SW1/4, West 20 acres of the SW1/4SE1/4
Section 26: NE1/4, E1/2NW1/4, N1/2SW1/4
Section 35: Lot 1 (39.10), NW1/4NW1/4, SE1/4NW1/4, S1/2NE1/4, NE1/4SW1/4, SE1/4, 20 acres located in the SW1/4SW1/4, SE1/4SW1/4

         Edward Brown died on July 29, 1977 in Broward County, Florida. Edward Brown was survived by his wife, Janet G. Brown, and two daughters, Barbara Corwin and Patricia Goldberg. Edward Brown's wife, Janet Brown, died on January 28, 2000. Both Edward and Janet Brown died intestate and no probate proceedings occurred in North Dakota until October 2013. Hess obtained a leasehold interest in 2011 from Corwin and Goldberg, as the heirs to Edward and Janet Brown's estates. Hess recorded its leases on May 27, 2011. After Hess recorded its leases from Corwin and Goldberg, it obtained permits and began drilling three wells on the property.

         [¶ 3] In April 2013, Sundance petitioned the district court to create a trust for Edward Brown's mineral interests because he was an unlocatable mineral owner. After Sundance was unable to locate Edward Brown or his successors, it served him by publication. In the trust action, the district court entered a default judgment and created a trust for Edward Brown's mineral interest after finding Sundance conducted a diligent but unsuccessful effort to locate Edward Brown and his ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.