DuLaney v. Oklahoma State Department of Health

LAVENDER, V.C.J.,

concurring in part, dissenting in part:

While I concur the mineral interest owners have a property interest which entitles them to due process I dissent from that part of the majority opinion which holds adjacent landowners have a constitutionally protected right based on the due process clauses of OKLA. CONST, art. 2, § 7 and U.S. CONST, amend. XIV to notice and an opportunity for ■ a hearing before a landfill permit is granted to their neighbor and to the overruling of Stewart v. Rood, 796 P.2d 321 (Okla.1990) and Sharp v. 251st Street Landfill, Inc., 810 P.2d 1270…