Walker v. Shondrick-Nau
Annotate this CasePlaintiff filed a declaratory-judgment action against Defendant, seeking to quiet title to a mineral interest. At issue between the parties was whether the 1989 version of the Dormant Mineral Act or the 2006 version of the Act applied in this case. The trial court granted summary judgment in favor of Plaintiff. The court of appeals affirmed, concluding that the 1989 version of the Act applied, and therefore, Defendant, the owner of the severed mineral estate, did not preserve his rights. The Supreme Court reversed, holding (1) pursuant to Corban v. Chesapeake Exploration, LLC, the 2006 version of the Act applied in this case; and (2) based on Dodd v. Croskey, Defendant preserved his mineral rights.
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