Miller v. Diamond Resources, Inc.

SANDSTROM, Justice.

[¶ 1] Eugene and JoAnn Miller appeal from a summary judgment dismissing their lawsuit against Diamond Resources, Inc. (“Diamond”). We reverse and remand, concluding there are genuine issues of material fact that preclude summary judgment.

I

[¶ 2] The Millers own the surface estate of certain land in Bowman County, North Dakota. The Millers also own fifty percent of the minerals underlying the land. In January 1995, Diamond leased the mineral interests owned by the Millers. A title search revealed that Frank and Mary Kloeckner possibly owned the remaining fifty percent…