Olson v. Schwartz

DENNIS A. SCHNEIDER, District Judge,

specially concurring.

The opinion accurately sets out the facts and correctly states the law, particularly as to the implied covenant of reasonable development. Such a covenant has existed in North Dakota since Feland v. Placid Oil Co., 171 N.W.2d 829, 835 (N.D.1969).

Although I have a problem with the implied covenant, “the river has flowed too long1 and is too deep2” for me to believe it can be changed now.

In 1969 in Placid Oil, supra, this Court said, in effect, that if the lease is silent on the subject, as a matter of law the lease (including one…