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WILKINSON v. BOARD OF UNIVERSITY & SCHOOL

No. 20220037.

981 N.W.2d 853 (2022)

2022 ND 183

William S. WILKINSON; Ann L. Nevins and Amy L. Perkins as Personal Representatives for the Estate of Dorothy A. Wilkinson; Barbara Caryl Materne, Trustee of 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 and Appellants v. The BOARD OF UNIVERSITY AND SCHOOL LANDS of the State of North Dakota, Brigham Oil & Gas, LLP; Statoil Oil & Gas LP, Defendants and Appellees and EOG Resources, Inc.; XTO Energy Inc.; Petrogulf Corporation, and all other persons unknown who have or claim an interest in the property described in the Complaint, Defendants and North Dakota State Engineer, Intervenor and Appellee.

Supreme Court of North Dakota.

Filed November 10, 2022.

Attorney(s) appearing for the Case

Joshua A. Swanson (argued) and Robert B. Stock (appeared), Fargo, N.D., for plaintiffs and appellants.

Jennifer L. Verleger , Assistant Attorney General, Bismarck, N.D., for defendant and appellee The Board of University and School Lands of the State of North Dakota, and for intervenor and appellee North Dakota State Engineer.

John E. Ward , Bismarck, N.D., for defendants and appellees Brigham Oil and Gas, LLP, and Statoil Oil & Gas LP.

{¶1} The plaintiffs appeal from a judgment dismissing their takings, conversion, unjust enrichment, civil conspiracy, and 42 U.S.C. § 1983 claims against the Board of University and School Lands ("Land Board"), Department of Water Resources,1 and Statoil Oil & Gas LP.

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