Confirm favorite deletion?
Contracts Keyed to Dawson
enXco Development Corp. v. Northern States Power Co.
Citation:758 F.3d 940.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
In October 2008, enXco and NSP entered into two contracts for a wind-energy-generation project in North Dakota (“Project”): a Developed Wind Project Purchase and Sale Agreement (“PSA”) and an Engineering, Procurement, and Construction Agreement (“EPCA”). Neither party was obligated to proceed under the EPCA until the PSA closed. The PSA included conditions precedent that each party needed to complete prior to the “Long-Stop Date” set for March 31, 2011. During the initial phase of the project, enXco owned all of the Project’s real estate and assets, but NSP would purchase the property only if the PSA closed. Pursuant to the PSA, enXco needed to obtain a Certificate of Site Compatibility permit from the North Dakota Public Service Commission. Generally, in order to obtain the permit, a party must submit a letter to the Commission and then wait one year before submitting an application. The Commission then has six months to consider the permit application. In January 2009, enXco recieved a waiver of the one year requirement, however enXco did not submit its permit application until October 2010. The Commission scheduled a mandatory public hearing for December 21, 2010, but it was postponed until February 10, 2011 due to a snowstorm. Unfortunately the hearing was held in the wrong county and the hearing was not rescheduled until after the Long-Stop Date. On April 1, 2011, NSP terminated the contract. Following termination, enXco relocated the wind turbines it had obtained for the Project to another project in Texas and maintained ownership of the real estate.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.