Legal Opinion
Smith v. Bovaird Supply Co.
Supreme Court of Oklahoma
Decided September 9, 1980No. 52358PublishedCited by 9 opinions
1Opinion of the Court
DOOLIN, Justice:
Presented as the residual or remaining question in this case is whether a trial court may permanently enjoin an action of a landowner seeking a way of necessity or the right to prosecute such an action. We hold that under the circumstances of this case, a trial court may not issue such a sweeping and permanent injunction. See 27 O.S.1971 § 6 and Art. II § 23 of the Constitution of Oklahoma.
When the plaintiffs filed their petition in Mayes County, they alleged ownership of approximately three acres of land on the tip of a peninsula extending into the Lake of the Cherokees and…
2Cases cited10 opinions
- Aircraft & Diesel Equipment Corp. v. HirschSupreme Court of the United States · 1947
- Boise Artesian Hot & Cold Water Co. v. Boise CitySupreme Court of the United States · 1909
- Sunray Oil Co. v. Cortez Oil Co.Supreme Court of Oklahoma · 1941
- Franks v. TylerCourt of Civil Appeals of Oklahoma · 1974
- Powell Briscoe, Inc. v. PetersSupreme Court of Oklahoma · 1954
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- OSAGE NATION v. BD. OF COMMISSIONERS OF OSAGE COUNTY and OSAGE NATION v. OSAGE COUNTY BD. OF ADJUSTMENTSupreme Court of Oklahoma · 2017
- Jones v. RansomCourt of Civil Appeals of Oklahoma · 2008
- Malnar v. WhitfieldCourt of Civil Appeals of Oklahoma · 1989
- Jones v. RansomCourt of Civil Appeals of Oklahoma · 2008
- OSAGE NATION v. BD. OF COMMISSIONERS OF OSAGE COUNTY and OSAGE NATION v. OSAGE COUNTY BD. OF ADJUSTMENTSupreme Court of Oklahoma · 2017
4 more not listed; retrieve them via the Exa API.