Irish Oil & Gas, Inc. v. Riemer
2011 ND 22
| N.D. | 2011Background
- Sorenson filed a complaint to quiet title to minerals in Mountrail County; Felton answered and counter-claimed for title in her name.
- The mineral interest had been owned by Felton via a personal representative deed (1984) and Felton had not used or claimed the minerals before 2007.
- Sorenson published notices of lapse in 2007 after attempting to locate Felton using outdated address.
- Sorenson mailed notice to Felton at the Florida address on the deed; Felton’s address was later found in California.
- Schmitz Oil Properties leased Felton’s minerals in January 2008 and Felton recorded a statement of claim in February 2008; Felton later deeded to her son.
- The district court quieted title in Felton (2010), but Sorenson appealed, and the supreme court reversed and remanded for entry of a judgment quieting title in Sorenson.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 38-18.1-06(2) requires a reasonable inquiry when the address is shown of record. | Sorenson: no reasonable inquiry required if address is shown of record. | Felton: reasonable inquiry required regardless of record address. | Address shown of record waives need for inquiry; remand to quiet title in Sorenson. |
| Interpretation of the term 'or' in 38-18.1-06(2) (2004) regarding notice by mail. | Sorenson: separate options exist; if address of record is shown, no inquiry. | Felton: both options must be considered as alternatives. | 'Or' is disjunctive; if address shown of record, inquiry is not required. |
| Effect of amendments to 38-18.1-06 on pre-amendment proceedings. | Amendments do not retroactively affect pre-2007 proceedings; provisions applied as written. |
Key Cases Cited
- Sauby v. Fargo, 747 N.W.2d 65 (2008 ND) (statutory interpretation framework; use of extrinsic aids when ambiguous)
- Simon v. Simon, 709 N.W.2d 4 (2006 ND) (statutory interpretation language and ambiguity standards)
- State v. FreeEats.com, Inc., 712 N.W.2d 828 (2006 ND) (disjunctive interpretation of 'or' in statute; independent significance)
- Toso v. Workforce Safety & Ins., 712 N.W.2d 312 (2006 ND) (absent absurd result; construct statute to avoid absurdity)
- Ness v. St. Aloisius Hospital, 313 N.W.2d 781 (ND 1981) (statutory interpretation and avoidance of unsound results)