PETRO-HUNT, L.L.C. v. TANK

No. 20230015.

4 N.W.3d 526 (2024)

2024 ND 46

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, Western Energy Corporation, 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.

Supreme Court of North Dakota.

Filed March 18, 2024.


Attorney(s) appearing for the Case

Wade C. Mann (argued) and Zachary Eiken (appeared), Bismarck, ND, for plaintiff and appellee Petro-Hunt, L.L.C.

Paul Neilan (argued), Highland Park, IL, Fintan L. Dooley (appeared), Bismarck, ND, and Lynn Boughey (appeared), Mandan, ND, for defendants and appellants 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.

Charles M. Carvell , Bismarck, ND, for defendant and appellee Ron J. Voller; submitted on brief.

Jon Bogner , Dickinson, ND, for defendants and appellees A.M. Fruh, Steven D. Fruh, and Pal Properties, Inc.; submitted on brief.

Benjamin W. Keup , Bismarck, ND, for defendants and appellees 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, and Western Energy Corporation; submitted on brief.

Thomas B. Bair , Mandan, ND, for defendant and appellee Bishop of Bismarck Diocese; submitted on brief.


[¶1] Greggory Tank, individually and as Trustee, or his successors in trust, of the Greggory G. Tank Revocable Living Trust dated February 19, 2020, appeals the district court's order granting summary judgment and disposing of pending motions. We conclude the court properly determined five 1937 assignments burdened Tank's southwest...

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