Professional Documents
Culture Documents
Plaintiffs,
Defendants.
STATEOFNORTHDAKOTA )
) ss.
COUNTYOFROLETI-E )
Marvin Nelson, being first duly sworn, states iiadfir oath as foltows;
1. I swear and affirm iipon penalty of perjluy the statements made in this Affidavit
Representatives.
26481. 00UI-4126048J
4. After passage of the Act, I spoke with North Dakota attorneys about challenging
its constitutionality. Fintan Dooley agreed to represent Plaintiffs, but we needed a firm wiA
more resources thM. a solo practitioner. I spoke with other North Dakota attorneys at finns
based in North Dakota that potentially had the resources required for a case ofthis magnitude. I
learned thai locally based attorneys did not have the resources or did not want to become
involved in such a politically chargedcsse a this one, and that most firms would have actual or
perceived conflicts of interest due to their representetion of landowners affected by the Act,
a large Minneapolis firm, Hellmudi & Johnson, PLI-C, with the resources to take this case. He
agreed to represent Plaintiffs, along witii Fintan Dooley. Hellmirth & Johnson has several
attorneys licensed in North Bakota with the experience necessary to prosecute a case like tfcls
tot would be defended by a team of government paid attorneys and special assistant Attorneys
General.
6. I put significant time into assisting cQunsel with the prosecution of this case,
. I conducted ail invesdgation using the Wenck Report, North Dakota government
databases aiid other information to prepare map exhibits that compare the
historical river high water mark to the existing and that established by Wenck;
2134, navigable waters, title to beds of navigable waters, ordinary faigh water
8. As expected. I was attacked in the media for being a Plaintiff in this case.
Plaintiffs were disparaged in The Cmde Life Network, Say Anythiiig Blog, Williston Herald,
Bismarck Tribune, and Minot Daily News. We were called thieves. We were accused of using
"dark money" to hurt North Dakota. We also had to explain our ease to numerous people
questiomng our motives and character. We were also accused of using the lawsuit to merely
harassmineral owiierswith pendinglawsuits.
case and to protect State assets from imconstitutional dtspensai.io.n. I received phone calls
attacking and insulting me. One caller from Oklahoma even said she prayed that we would lose
the case. Numerous people confronted and disparaged me in public. Inshort, I became p^wwa
Representative Porter blocked me from serving on the Natural Resources House Committee " a
committee chosen for me by my caucus. No other House Representative was blocked from their
chosen committees. Rep. Mary Jofanson also improptfrty questioned me about the lawsuit on the
^
Marvin Nelson