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ALLEN v. ALASKA OIL AND GAS CONSERV. COM'N

No. S-11519.

147 P.3d 664 (2006)

Monte J. ALLEN, Dr. George Kasper, Danco International Oil & Gas, Inc., and Danco Royalty Partnership Ltd., Appellants, v. ALASKA OIL AND GAS CONSERVATION COMMISSION, ConocoPhillips Company, and ConocoPhillips Alaska, Inc., Appellees.

Supreme Court of Alaska.

Rehearing Denied November 30, 2006.

Attorney(s) appearing for the Case

James B. Gottstein, Law Offices of James B. Gottstein, Anchorage, for Appellants.

Robert E. Mintz, Assistant Attorney General, Anchorage, and Scott J. Nordstrand, Acting Attorney General, Juneau, for Appellee Alaska Oil and Gas Conservation Commission.

William B. Rozell, Juneau, and Barbara F. Fullmer, ConocoPhillips Alaska, Inc., Anchorage, for Appellees ConocoPhillips Company and ConocoPhillips Alaska, Inc.

Before: BRYNER, Chief Justice, MATTHEWS, EASTAUGH, FABE, and CARPENETI, Justices.

OPINION

CARPENETI, Justice.

I. INTRODUCTION

Monte Allen, George Kasper, and Danco International Oil & Gas, Inc. (collectively Allen) obtained oil and gas exploration leases in 1986. Allen retained the overriding royalty interest while the working interest in the leases was transferred to several oil companies, eventually coming under the sole control of ConocoPhillips. Although the leases are near the state's most productive...

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