North Dakota Supreme Court
283 N.W.2d 131 (N.D. 1979)
Ivan and Shirley Kerbaugh (defendants) owned the surface of a tract of land. Hunt Oil Co. (Hunt) (plaintiff) leased the mineral rights below the surface. Hunt attempted to conduct seismic exploration activities on the land, but the Kerbaughs asked the surveyors to leave the property. Hunt filed for injunctive relief to prevent the Kerbaughs from preventing Hunt from conducting its seismic operations. The trial court granted Hunt a temporary injunction. The Kerbaughs appealed, arguing that Hunt’s seismic operations were causing harm to their crops and property, generally, and would continue to do so if allowed to continue.
Rule of Law
Holding and Reasoning (Sand, J.)
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