NEVIN v. KENNEDY

No. 20220136.

987 N.W.2d 363 (2023)

2023 ND 33

Stanley R. NEVIN, Plaintiff and Northern Oil and Gas, Inc., Plaintiff, Intervenor and Appellant v. Helen L. H. KENNEDY; Gena Baker f/k/a Gena Kennedy; Nona Kennedy; Jason Craig Newburn, as personal representative of Maura Kay Newburn, deceased: Keira Kennedy Adams; Jess Anne Knutson; Charles Herbert Jacobson; Miles G. Johnsrud and Marlene Kay Johnsrud, as Co-Trustees of the Miles and Marlene Johnsrud Family Mineral Trust under Agreement dated July 13, 2011; JoAnn Kennedy; Scott Cameron, as Trustee of the Scott Cameron Trust dated June 13, 2013; Shannon Kristine Dusek and David Alan Dusek, as Trustees of the Shannon and David Dusek Family Revocable Trust; Tiffany Papagno, as Personal Representative of the Estate of Thomas W. Kennedy, deceased; Robert W. Kennedy; Michael Kennedy; Lisa Marie Kennedy; Lisa Marie Kennedy; James M. Kennedy; Jodie Thompson Woroniecki, as Personal Representative of the Estate of Barbra Kennedy Johnson a/k/a Barbara Kennedy Johnson, deceased; Michelle Grass; Colleen Zychowicz f/k/a Colleen Kennedy; Debra Kennedy Griffie; Benjamin J. Larson; Rainbow Energy Marketing Corporation; Northern Energy Corporation; Landmark Oil and Gas, LLC, Missouri River Royalty Corporation; Spartan Minerals & Royalty LLC; Sven Resources, LLC; Continental Resources, Inc.; Burlington Resources Oil & Gas Company LP, Defendants and Appellees and XTO Holdings, LLC; PetroShale (US), Inc.; Bole Resources LLC; Brooks Energy Inc.; CJC Energy Inc.; KT Energy Inc., Mel Energy Inc.; Noble Royalty Access Fund 12 LP; Noble Access Royalty Fund 13 LP; North Fork AD3, LLC; Outdoor Entourage Inc.; G. William Hurley Revocable Trust; Hurley Oil Properties Inc.; Wind River Resources Inc.; WHC Exploration LLC; Dakota West, LLC; Marvin J. Masset; Avalon North, LLC; Peter Masset; Newport Minerals, Ltd.; Deep Rock Resources, LLC; Donald James Kennedy, Jr.; Steven Shannon Kennedy; and all other persons unknown claiming any estate or interest in or lien or encumbrance upon the property described in the Complaint, whether as heirs, devisees, legatees, or personal representative of any of the above-named persons who may be deceased or under any other title or interest, Defendants.

Supreme Court of North Dakota.

Rehearing Denied March 31, 2023.


Attorney(s) appearing for the Case

Nick A. Swartzendruber , Denver, CO, for plaintiff and appellee Northern Oil and Gas, Inc.

Trevor A. Hunter , Williston, ND, for defendants and appellees Helen L. H. Kennedy, Gena Baker f/k/a Gena Kennedy; Nona Kennedy, Jason Craig Newburn, as personal representative of Maura Kay Newburn, deceased; Keira Kennedy Adams; Jess Anne Knutson; Charles Herbert Jacobson; Miles G. Johnsrud and Marlene K. Johnsrud, Co-Trustees of the Miles and Marlene Johnsrud Family Mineral Trust under agreement dated July 13, 2011; JoAnn Kennedy; Scott Cameron, Trustee of the Scott Cameron Trust dated June 13, 2013; Shannon Kristine Dusek and David Alan Dusek, as Trustees of the Shannon and David Dusek Family Revocable Trust; Tiffany Papagno, as Personal Representative of the Estate of Thomas W. Kennedy, deceased; Robert W. Kennedy; Michael Kennedy; Lisa Marie Kennedy; James M. Kennedy; Jodie Thompson Woroniecki, as Personal Representative of the Estate of Barbra Kennedy Johnson a/k/a Barbara Kennedy Johnson, deceased; Michelle Grass; Colleen Zychowicz f/k/a Colleen Kennedy; and Debra Kennedy Griffie.

James E. Dallner (appeared), Parker, CO, for defendant and appellee Continental Resources, Inc.

Jonathon D. Bergman (appeared) and Jennifer S. Allen (appeared), Denver, CO, for defendant and appellee Burlington Resources Oil & Gas Company LP.

Lawrence Bender (on brief) and Spencer D. Ptacek (on brief), Bismarck, ND, for defendants and appellees Rainbow Energy Marketing Corporation, Northern Energy Corporation, Landmark Oil and Gas, LLC, Missouri River Royalty Corporation, Spartan Minerals & Royalty LLC, and Sven Resources, LLC.


[¶1] Northern Oil and Gas, Inc., appeals from a quiet title judgment deciding Northern Oil did not own mineral interests in certain McKenzie County property. Northern Oil argues the district court erred in concluding the deeds at issue are ambiguous as to whether Angus Kennedy intended to reserve minerals to his wife, Lois...

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