William S. WILKINSON; Ann L. Nevins and Amy L. Perkins as Personal Representative for the Estate of Dorothy A. Wilkinson; Barbara Caryl Materne, l Trusted the Petty Living Trust; Charlie R. Blaine and Vanessa E. Blaine, as Co-Trustees of the Charlie R. Blaine and Vanessa E. Blaine Revocable Trust; Lois Jean Patch, life tenant; and Lana J. Sundahl, Linda Joy Weigel, Deborah J. Goetz, Marva J. Will, Ronald J. Patch, Michael Larry Patch, and Jon Charles Patch, Remaindermen, Plaintiffs, Appellants and Cross-Appellees
v.
The BOARD OF UNIVERSITY AND SCHOOL LANDS of the State of North Dakota; EOG Resources, Inc., XTO Energy Inc., Defendants and Appellees and
Petrogulf Corporation, and all other persons unknown who have or claim an interest in the property described in the Complaint, Defendants and
Brigham Oil & Gas, LLP and Statoil Oil & Gas LP, and EOG Resources, Inc., Defendants, Appellees and Cross-Appellants and
North Dakota State Engineer Intervenor and Appellee.
Supreme Court of North Dakota.https://leagle.com/images/logo.png
Filed September 28, 2017.
Filed September 28, 2017.
Attorney(s) appearing for the Case
Joshua A. Swanson (argued) and Robert B. Stock (appeared), Fargo, N.D., for plaintiffs, appellants and cross-appellees William S. Wilkinson; Ann L. Nevins and Amy L. Perkins as Personal Representative for the Estate of Dorothy A. Wilkinson; Barbara Caryl Materne, l Trusted the Petty Living Trust; Charlie R. Blaine and Vanessa E. Blaine, as Co-Trustees of the Charlie R. Blaine and Vanessa E. Blaine Revocable Trust; Lois Jean Patch, life tenant; and Lana J. Sundahl, Linda Joy Weigel, Deborah J. Goetz, Marva J. Will, Ronald J. Patch, Michael Larry Patch, and Jon Charles Patch, Remaindermen.
Jennifer L. Verleger (argued) and Hope L. Hogan (on brief), Bismarck, N.D., for defendants and appellees The Board of University and School Lands of the State of North Dakota; and North Dakota State Engineer, intervenor and appellee.
Lyle W. Kirmis (argued), Bismarck, N.D., for defendant and appellee Brigham Oil & Gas, LLP n/k/a Statoil Oil & Gas LP.
Uriah J. Price (on brief), Bozeman, MT, amicus curiae North Dakota Petroleum Council.
McEvers, Justice.
[¶ 1] William Wilkinson and the other plaintiffs appeal and Statoil & Gas, LP and EOG Resources, Inc. cross-appeal from a summary judgment determining the Board of University and School Lands of the State of North Dakota ("Land Board") owns certain property below the ordinary high watermark of the Missouri River. Wilkinson...
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