MINERAL INTERESTS of quiet title Defendant properly construed under deed’s reservation language and bolstered by chain of title circumstances… neither estoppel by deed nor estoppel in pais prevented Defendant from asserting title to the minerals because the grantees were not misled by the reservation clause… Murnion affirmed. [Read more…]
Oil/gas lease, not extended during primary term
OIL & GAS LEASE: Land was not pooled and lease not extended by drilling during primary term, pooling order properly not applied retroactively. . . Cavan affirmed (memorandum). [Read more…]
Guardianship, farm “services” to mother
GUARDIANSHIP: Son’s involvement in family farm and providing “services” to incapacitated mother not disqualifying as to being guardian… 1st impression issues… Cybulski affirmed (other grounds). [Read more…]
Oil & gas, surface damage remedies
OIL & GAS: Surface owner not required to exhaust administrative remedy under Surface Damage Act before litigating damage claim in court… Simonton affirmed. [Read more…]
Contract, “cooperate & participate,” attorney fees
CONTRACT: Provision requiring parties to real estate agreement to “cooperate and participate” in quiet title action does not require payment of share of attorney fees… Cybulski affirmed (IOR I-3(d)). [Read more…]
Territorial integrity, 3-phase, new seed plant
TERRITORIAL INTEGRITY: Co-op had right to provide 3-phase to new seed plant because it had closest line and capacity… MDU did not add plant to its territory by providing 1-phase construction power… Cybulski affirmed. [Read more…]
Trust, trustees removal
TRUST: Petition to remove trustees of family farm trust properly rejected… Cybulski affirmed (IOR I-3(d)). [Read more…]
Prescriptive easement, destroyed road
PRESCRIPTIVE EASEMENT properly found over destroyed road, Defendant ordered to restore it… Cybulski affirmed (IOR I-3(d)). [Read more…]
Statute of limitations, contract v. tort
STATUTE OF LIMITATIONS/FEES/COSTS: Allegations in unclear/unsupported complaint sound in tort (breach of fiduciary duty or conversion by family farm secretary), not contract, time-barred… statutes not tolled by equitable estoppel or discovery rule as no support for claim of concealment and both parties had same opportunity to [Read more…]
Wrongful death, fraudulent conveyance
WRONGFUL DEATH: Supervisory control challenging Cybulski’s refusal to add fraudulent conveyance to death claim denied… [Read more…]