WHITETAIL WAVE LLC v. XTO ENERGY, INC.

No. 20230283.

2024 ND 52

Whitetail Wave LLC, a Montana Limited Liability Company, Plaintiff and Appellant, v. XTO Energy, Inc., a Delaware corporation, the Board of University and School Lands of the State of North Dakota, the State of North Dakota, Defendants and Appellees, and Department of Water Resources and Director, Intervenor, Defendant, and Appellee.

Supreme Court of North Dakota.

Filed April 4, 2024.


Attorney(s) appearing for the Case

Joshua A. Swanson , Fargo, ND, for plaintiff and appellant.

David P. Garner (argued) and Matthew A. Sagsveen (on brief), Assistant Attorneys General, Bismarck, ND, for defendants and appellees the Board of University and School Lands of the State of North Dakota and the State of North Dakota; intervenor, defendants, and appellee Department of Water Resources and Director.

Spencer D. Ptacek (argued) and Lawrence Bender (on brief), Bismarck, ND, for defendant and appellee XTO Energy, Inc.


Opinion of the Court by Jensen, Chief Justice.

[¶1] Whitetail Wave LLC appeals from a judgment determining the ownership of property in its favor but dismissing its claims against the State entities, dismissing its claim against XTO Energy, Inc. for the underpayment of royalties, and awarding XTO a recovery of...

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