CAPPS v. WEFLEN

No. 20140110.

855 N.W.2d 637 (2014)

2014 ND 201

Patricia R. CAPPS, f/k/a Patricia Anderson, Terrel A. Anderson, a/k/a Terral Anderson, Plaintiffs, Appellants and Cross-Appellees and The Estate of Ruth A. Nelson, Deceased, Plaintiff and Appellee v. Colleen L. WEFLEN, a/k/a Colleen Weflen, a single woman, Marleen Weflen, f/k/a Marleen W. Tiedt, Sharon Kruse, a/k/a Sharon O. Kruse, f/k/a Sharon Weflen, a married woman dealing in her sole and separate property, Catherine Harris, f/k/a Cathy Gunderson, a single woman, Norris Weflen, a/k/a Norris L. Weflen, a single man, Windsor Bakken, LLC, a Delaware Limited Liability Company, Defendants, Appellees and Cross-Appellants and John H. Holt Oil Properties, Inc., Atomic Oil & Gas, a Colorado Limited Liability Company, Defendants and Gulfport Energy Corporation, EOG Resources, Inc., Whiting Oil and Gas Corporation, Defendants, Appellees and Cross-Appellants and Cade Oil and Gas, LLC, Gerald C. Wools, Penny Brinks, Michael Lee, Gwen Hassan, and Melissa Kellor, Defendants Penny Brinks, Michael Lee, Gwen Hassan, and Melissa Kellor, Appellees.

Supreme Court of North Dakota.

October 31, 2014.


Attorney(s) appearing for the Case

Zachary E. Pelham (argued), Patrick W. Durick (on brief) and Benjamin W. Keup (on brief), Bismarck, N.D., for plaintiffs, appellants and cross-appellees.

Amy L. De Kok (argued), Lawrence Bender (on brief) and Jillian R. Rupnow (on brief), Bismarck, N.D., for defendants, appellees and cross-appellants EOG Resources, Inc.

Richard P. Olson (appeared), Andrew T. Forward (on brief) and Wanda L. Fischer (on brief), Minot, N.D., for defendants, appellees and cross-appellants Cathy Gunderson, Sharon Kruse, Colleen Weflen, Marleen Weflen and Norris Weflen.

Monte L. Rogneby (appeared), Bismarck, N.D., for defendants, appellees and cross-appellants Gulfport Energy Corporation and Windsor Bakken LLC.

David J. Smith (argued) and Tyler J. Malm (on brief), Bismarck, N.D., for defendants and appellees Penny Brinks, Michael Lee, Gwen Hassan, and Melissa Kellor.

Paul J. Forster (on brief), Bismarck, N.D., for defendant, appellee and cross-appellant Whiting Oil and Gas Corporation.


SANDSTROM, Justice.

[¶ 1] Patricia Capps and others ("Capps") appeal, and Colleen Weflen and others ("Weflens") cross-appeal, from a judgment quieting title to certain Mountrail County mineral interests in the Capps and the heirs of Ruth Nelson's estate ("Hassans"). Because the district court erred as a matter of law in ruling the Weflens did not comply with the notice requirements in the abandoned mineral statutes, N.D.C.C. ch. 38-18.1, and because those requirements...

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