This section contains the nature of the case and procedural background.

Bullion Monarch Mining, Inc. (P), alleges that Barrick Goldstrike Mines, Inc. (D), owes royalty payments to P under an area-of-interest provision in a 1979 agreement. According to P, its predecessor-in-interest entered into the agreement with a mine operator, D's predecessor-in-interest, to develop P's predecessor's mining claims in the Carlin Trend. The area-of-interest provision requires the mine operator to pay P a royalty on production resulting from the operator's mining claims that the operator might subsequently acquire within the area of interest. P is to receive royalty payments on production from after-acquired claims in the area of interest for 99 years. P sued D seeking royalty payments. D argued that it did not owe royalties because the area-of-interest provision is void under the rule against perpetuities. P claimed that the rule does not apply to area-of-interest royalty agreements. In the alternative, P sought reformation of the agreement. The district court granted summary judgment to D based on the rule against perpetuities. P appealed. The Ninth Circuit Court of Appeals certified questions to the Nevada Supreme Court.

The legal issues presented in this case will be displayed here.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.