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SCS CARBON TRANSPORT LLC v. MALLOY

Nos. 20230149, 20230162-20230176.

2024 ND 109

SCS Carbon Transport LLC, Petitioner and Appellee, v. Howard L. Malloy, Trustee of the Harry L. Malloy Trust No. 2 dated May 25, 2008, Connie Erickson, Larry Hoge, Dean Twardowski, BRH LLLP, 8N2E Properties LLP, Paul E. Kuetemeyer, Hoge Farm Limited Partnership, Timothy J. Hoge, John M. Carrels, Loren E. Staroba and Diane L. Staroba, Trustees of the Staroba Revocable Living Trust dated April 8, 2016, Verdell T. Jordheim and Phyllis J. Jordheim Trustees of the Verdell J. Jordheim and Phyllis J. Jordheim Living Trust dated February 25, 2005, Valera A. Hayen, Shirley Waloch, Randall Waloch and Karla Waloch, SPLJ, LLP, Respondents and Appellants.

Supreme Court of North Dakota.

Filed May 31, 2024.

Attorney(s) appearing for the Case

Keith R. Blackwell (argued), Brian D. Boone (on brief), Michael R. Hoernlein (on brief), and Kyle R. Hair (on brief), Charlotte, NC, and Lawrence Bender (appeared) and Spencer D. Ptacek (on brief), Bismarck, ND, for petitioner and appellee.

Brian E. Jorde (argued), Omaha, NE, and Steven J. Leibel (appeared) and David M. Knoll (on brief), Bismarck, ND, for respondents and appellants.

Philip J. Axt (argued), Solicitor General, Bismarck, ND, for amicas curiae State of North Dakota.

Derrick L. Braaten (argued), Bismarck, ND, for amicas curiae Northwest Landowners Association.

Matthew C. Tews, Minneapolis, MN, for amicas curiae Basin Electric Power Cooperative.

Opinion of the Court by Tufte, Justice.

[¶1] Respondents ("Landowners") appeal from judgments and an order permitting SCS Carbon Transport LLC ("Summit") to enter their lands to conduct surveys and examinations. Landowners argue the statute authorizing entry is unconstitutional on its face and as applied to them and the judgments and order exceed the scope of the...

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