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NORTHWEST LANDOWNERS ASSOCIATION v. STATE

No. 20210148.

978 N.W.2d 679 (2022)

2022 ND 150

NORTHWEST LANDOWNERS ASSOCIATION, Plaintiff and Appellee v. STATE of North Dakota, North Dakota Industrial Commission, Hon. Douglas Burgum in his official capacity as Governor of the State of North Dakota, and Hon. Drew H. Wrigley in his official capacity as Attorney General of North Dakota, Defendants and Appellants and Board of University and School Lands of the State of North Dakota, Defendant and Continental Resources, Inc., Intervenor-Defendant and Appellant.

Supreme Court of North Dakota.

Rehearing Denied August 25, 2022.

Attorney(s) appearing for the Case

Derrick L. Braaten (argued) and Todd A. Sattler (on brief), Bismarck, N.D., for plaintiff and appellee.

Matthew A. Sagsveen , Solicitor General (argued), and Steven B. Nelson , Office of Attorney General, Bismarck, N.D., for defendants and appellants.

L. Poe Leggette (argued) and Alexander K. Obrecht (appeared), Denver, Colorado, for intervenor-defendant and appellant Continental Resources, Inc.

Lawrence Bender , Bismarck, N.D., for amicus curiae North Dakota Petroleum Council.

[¶1] Northwest Landowners Association commenced this action, challenging the constitutionality of Senate Bill 2344, which relates to subsurface pore space. The district court granted the Association's cross-motion for summary judgment, concluding S.B. 2344 is unconstitutional under the state and federal takings clauses. The...

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