Vic Christensen Mineral Trust v. Enerplus Resources Corp., et al.
Annotate this CaseEnerplus Resources (USA) Corporation (“Enerplus”) appealed an amended judgment and adverse summary judgment orders which held it liable for suspending royalty payments to Meyer Family Mineral Trust, Joann Deryce Struthers Trust, and Steven J. Reed Living Trust (collectively, “Trust Defendants”). Victor Christensen owned land in Dunn County, North Dakota, including an area referred to as the “W1/2.” In 1952, he deeded a 5/128 royalty interest1 to Henry Roquette for all of the oil and gas produced from the W1/2 (“Roquette Deed”). Thereafter, Victor Christensen transferred his remaining interest in the W1/2 to his wife, Mildred Christensen. In 1957, Mildred Christensen deeded the W1/2 to Joe Reed and Deryce Reed, reserving a 4/5 mineral interest, and thereby conveying a 1/5 mineral interest to the Reeds. In 1968, Henry Roquette conveyed the 5/128 royalty interest to Mildred Christensen. The Vic Christensen Mineral Trust (“VCMT”) now owns the 4/5 mineral interest in the W1/2 that was formerly owned by Mildred Christensen. The Trust Defendants collectively owned the 1/5 mineral interest previously conveyed to the Reeds. Enerplus operated wells within the W1/2. A title examiner found a discrepancy with the land acreage in the Roquette Deed, which affected the size of the royalty interest. In October 2017, Enerplus informed VCMT and the Trust Defendants of these issues, required they enter into a stipulation clarifying their ownership interests, and suspended royalty payments to VCMT and the Trust Defendants. In 2019, VCMT sued the Trust Defendants to quiet title, alleging it owned the royalty interest on the Trust Defendants’ 1/5 mineral interest in the W1/2, and the royalty interest was larger than 5/128 based on the Roquette Deed. The Trust Defendants counterclaimed, alleging their 1/5 mineral interest had no royalty burden. VCMT and the Trust Defendants then stipulated to their interests with VCMT agreeing to forgo any rights to the royalty interest. Enerplus then paid VCMT and the Trust Defendants their suspended royalty payments. The Trust Defendants sought statutory interest from Enerplus for suspending their royalty payments. After cross-motions, the district court granted summary judgment in favor of the Trust Defendants and against Enerplus. Enerplus argued it was justified in suspending payments under N.D.C.C. 47-16-39.1, which allowed for suspending payments in the event of a dispute of title. To this, the North Dakota Supreme Court agreed and revered the district court's orders.
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