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STATE EX REL. INDUS. COM'N v. HARLAN

Civ. No. 11371.

413 N.W.2d 355 (1987)

STATE of North Dakota ex rel. the INDUSTRIAL COMMISSION and the Board of University and School Lands, Plaintiff and Appellee, v. Lee HARLAN, individually and d/b/a Harmac Oil, Jet Oilfield Equipment Rental and Service, Inc., WellPro, Inc., and Williston Industrial Supply Corp., a/k/a WISCO, Defendants, and Crestone Energy Corporation and Walter E. Johnson, Defendants and Appellants.

Supreme Court of North Dakota.

September 29, 1987.

Attorney(s) appearing for the Case

Illona A. Jeffcoat-Sacco, Asst. Atty. Gen., Bismarck, for plaintiff and appellee State of N.D.

Richard A. McKennett, of Rolfstad, Winkjer, McKennett & Stenehjem, P.C., Williston, for defendants and appellants.

VANDE WALLE, Justice.

The question presented by this case is whether the court below erred in granting summary judgment. We hold that the court below did err, and we reverse.

The State of North Dakota owns a 50-percent interest in a parcel of land located in McKenzie County, North Dakota. This mineral interest is managed by the Board of University and School Lands (hereinafter Board).

On February 9, 1982, the Board entered into an oil and gas lease...

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