Northwest Landowners Association v. State, et al.
Annotate this CaseNorthwest Landowners Association filed suit to challenge the constitutionality of North Dakota Senate Bill 2344, which related to subsurface pore space. The district court granted the Association’s cross-motion for summary judgment, concluding S.B. 2344 was unconstitutional under the state and federal takings clauses. The State and Continental Resources appealed the district court’s summary judgment order and amended judgment. On appeal, the State argued S.B. 2344 did not violate the takings clauses and did not constitute an unconstitutional gift, and that the district court misapplied N.D.R. Civ.P. 56 by failing to consider evidence submitted by the State. Continental Resources argued the court erred in analyzing the Association’s facial challenge, in determining pore space had value as a matter of law, and in denying Rule 56(f) discovery. The North Dakota Supreme Court concluded the district court erred in invalidating the entirety of S.B. 2344. The trial court’s judgment was affirmed to the extent that it declared certain portions unconstitutional, but reversed to the extent it declared the remainder of the bill inseparable and invalid.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.