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BURK v. STATE EX REL. BOARD OF UNIVERSITY

No. 20160108.

890 N.W.2d 535 (2017)

2017 ND 25

Willard BURK, Plaintiff and Appellant v. STATE of North Dakota, BY AND THROUGH its BOARD OF UNIVERSITY AND SCHOOL LANDS and Ryan Rauschenberger, Tax Commissioner of the State of North Dakota, Defendants and Appellees.

Supreme Court of North Dakota.

Filed February 16, 2017.

Attorney(s) appearing for the Case

Joel M. Fremstad , P.O. Box 3143, Fargo, N.D. 58108-3143, for plaintiff and appellant.

Hope L. Hogan , Office of the Attorney General, 500 North Ninth Street, Bismarck, N.D. 58501-4509, for defendant and appellee Board of University and School Lands.

Charles L. Dendy (appeared), Special Assistant Attorney General, 600 East Boulevard Avenue, Bismarck, N.D. 58505, for defendant and appellee Tax Commissioner of the State of North Dakota.

[¶ 1] Willard Burk appeals from a judgment declaring his claim that the State, through the Board of University and School Lands, and the Tax Commissioner (collectively "State"), have wrongfully withheld gross production and extraction taxes from his share of oil and gas royalties was frivolous, entitling them to an award of...

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