Case Explained: David Rolfsrud, as Trustee of the other – David and Gena Rolfsrud Mineral Trust dated April 1, 2016; Gena Rolfsrud, as Trustee of the other – David and Gena Rolfsrud Mineral Trust dated April 1, 2016 Plaintiffs – Appellants Davis Exploration, LLC v. Continental Resources, Inc.; Petro-Hunt, LLC

Court: United States Court of Appeals for the Eighth Circuit Filed: 2026-07-30 The eighth-circuit affirmed the district court’s grant of summary judgment in favor of Continental Resources, Inc. and Petro-Hunt, LLC, holding that a 1948 mineral lease (the County Lease) governs the subject property in North Dakota rather than a subsequent 2019 lease (the Rolfsrud Lease). Applying de novo review under Federal Rule of Civil Procedure 56(a), the court relied on North Dakota Supreme Court precedents, specifically *Ulrich v. Amerada Petroleum Corporation* and *Holbeck v. Hull*, to determine that the County Lease was voidable, not void, when the prior owner redeemed the property from the county in 1951. The court reasoned that because Hans Stole, the redeeming owner, ratified the County Lease in 1954, it remained valid and binding on his successors. Furthermore, the court rejected the appellants’ argument that the lease had terminated due to lack of production on the specific subject property, applying North Dakota law which provides that continuous production anywhere on the leased unit extends the lease for all land covered by the lease in the absence of an explicit “Pugh clause.” Consequently, the Rolfsrud Lease was deemed a “top lease” that did not take effect because the County Lease remained in force. The practical consequence is that Petro-Hunt retains its interest in the subject property under the 1948 County Lease, entitling it to pay royalties at the lower rate specified therein rather than under the terms of the later Rolfsrud Lease. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.