Justia Oklahoma Supreme Court Opinion Summaries

Petitioners Debbie Leo d/b/a Miller Lake Retreat, LLC, Larinda McClellan, Louise Redman Trust, Walter Myrl Redman, and Kenneth Roberts appealed a district court's order affirming the Oklahoma Water Resources Board's (the OWRB) final order granting a permit to The City of Oklahoma City (the City) to divert stream water from the Kiamichi River in Pushmataha County, Oklahoma. The City cross-appealed the district court's order denying its motion to dismiss Petitioners' petition for judicial review for lack of subject matter jurisdiction. The City contended Petitioners' failure to name the City as a respondent in their petition for judicial review of the OWRB's order was a fatal, jurisdictional flaw under the Oklahoma Administrative Procedures Act, (OAPA). The Oklahoma Supreme Court held that 75 O.S.2011, § 318(B)(2) required that the agency (here, the OWRB) be named as a respondent in the caption of the petition for review for the district court to acquire jurisdiction to review a final agency order. However, Section 318(B)(2) of the OAPA did not require the City be named as a respondent in the petition. Therefore, the district court's order finding it had jurisdiction to review the final agency order was affirmed. The Supreme Court further held the district court properly applied the Four Points of Law in O.A.C. § 785:20-5-4, including using the OWRB's calculation of available stream water and evaluation of beneficial use, which was based on substantial evidence in the record, with no findings of prejudicial error. Therefore, the district court's order affirming the OWRB's order was affirmed. View "Leo v. Oklahoma Water Resources Board" on Justia Law

This case involved an order of the Oklahoma Corporation Commission that granted Oklahoma Gas & Electric Company pre-approval to install pollution-control devices at one of its power plants. The order raised two issues: (1) whether res judicata precluded the Commission from pre-approving OG&E's capital expenditure; and (2) whether the Commission could grant pre-approval under Okla. Const. art. 9, section 181 and 17 O.S. 2011 sec. 151 et seq. rather than 17 O.S. 2011 sec. 286(B). The Oklahoma Supreme Court held that although res judicata did not preclude the Commission from pre-approving the expenditure, it lacked authority outside of 17 O.S. 2011 sec. 286(B)2 to do so. View "Sierra Club v. Oklahoma Corporation Comm'n" on Justia Law

Cottonwood Creek watershed was an area covering approximately 379 square miles in parts of Logan, Oklahoma, Canadian and Kingfisher Counties. The area was prone to flooding, and in March of 1962, Logan County Soil and Water Conservation District No. 9 (LCSWCD), Cottonwood Creek Water and Soil Conservancy District No. 11 (CCWSCD), and the United States Department of Agriculture (USDA), prepared a plan to alleviate dangers associated with uncontrolled water flow. One of the structures included in the work plan was Floodwater Retarding Structure No. 54 (FWRS 54). On September 24, 1962, D.C. and Odessa Fitzwater granted an easement (Fitzwater Easement) to CCWSCD. Years later, changes in safety criteria and the development of houses downstream compelled the USDA and Oklahoma Water Resources Board (OWRB) to recast FWRS 54 as a high hazard class (c) dam.3 This new classification was based on changes in safety criteria, the development of 26 houses downstream, and the potential for loss of life following a structural failure. In March of 2006, the USDA issued a written proposal calling for the rehabilitation of FWRS 54. The USDA watershed plan suggested multiple repairs and improvements to FWRS 54. Logan County Conservation District (LCCD) filed a declaratory action seeking permission to perform rehabilitation work on FWRS 54. The petition alleged the Fitzwater and Impoundment Easements vested LCCD with the right to complete the rehabilitation project. Property owners Phyllis Crowder and John White, Jr. answered and claimed that the proposed work did not fall within the scope of the original easements. Accordingly, Crowder and White maintained the rehabilitation project would lead to an improper taking of their land. Pleasant Oaks Lake Association (POLA) and individual homeowners also answered, alleging the project would constitute a taking requiring payment of compensation. LCCD filed a motion seeking summary judgment. The motion asserted LCCD was authorized to perform work on FWRS 54 based upon the unambiguous language contained in deeds establishing the Fitzwater and Impoundment Easements. The homeowners and the homeowners association appealed a judgment finding Conservation District was authorized to enter their respective properties to perform the rehabilitation work. The Supreme Court affirmed, finding that the plain language in the deeds creating the easements included a right to ensure the dam's structural integrity through a rehabilitation project. View "Logan County Conservation Dist. v. Pleasant Oaks Homeowners Ass'n" on Justia Law