The North Dakota State Supreme Court has ruled in favor of Oklahoma City-based Continental Resources in a ltwo-decade long court fight over the company’s installation of oil and gas facilities on one landowner’s property.
Continental Resources, a major oil and gas operator in the state, was sued by John and Stacy Bang after they had signed a 2004 agreement with Diamond Resources, Inc. whose successor, Continental Resources, Inc. is the operator and holds the mineral lease.
The suit was filed after Continental notified the Bangs of its intent to install oil and gas facilities on the property. The Bangs opposed the move but Continental subsequently constructed various facillities on the property. So the Bangs filed suit in 2022 and accused the oil and gas company of trespass. They sought a temporary restraining order and preliminary injunction.
In January of last year, a district court granted Continental partial summary judgment, declaring Continental had the right to install a pipeline corridor and denied the Bangs’ claims for trespass and permanent injunction. A jury trial in February led to the court awarding the Bangs $97,621.90 for their compensation claims but they still wanted a new trial, a request which was denied.
The North Dakota Supreme Court reviewed the case and affirmed the district court’s amended judgment and order denying a new trial. The court held that the lease was unambiguous and provided Continental the authority to install pipeline facilities on the subject property.
The court also upheld the district court’s evidentiary rulings, including the exclusion of certain expert testimony and evidence of settlement agreements, and the exclusion of speculative evidence of future agricultural damages. The court found no error in the jury instructions and concluded that the district court did not abuse its discretion in denying the Bangs’ motions under N.D.R.Civ.P. 59 and 60.