Riverwood Commercial Park, LLC v. Standard Oil Co.

VANDE WALLE, Chief Justice.

[¶ 1] Riverwood Commercial Park, LLC (“Riverwood”) has appealed from a judgment dismissing its eviction action against Standard Oil Company (“Standard”) and Tesoro Refining and Marketing Company (“Tesoro”). We affirm, concluding an eviction action under N.D.C.C. ch. 33-06 is not an available remedy.

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[IF 2] In 1953, Standard owned an oil refinery in Mandan, and the Northern Pacific Railway Company (“NP”) owned land between the refinery and the Heart River. On March 23, 1953, NP executed a written permit granting Standard permission to “construct, operate, and…