Toomey v. State Board of Land Commissioners

Plaintiff, a taxpayer, brought this proceeding originally in this court to enjoin the defendants from entering into an agreement designated as a “ Consolidated Lease and Operating Agreement,” which purports to pool state school lands with others in private ownership for unit operations for the production of natural gas and the apportionment of gas royalties on an acreage basis. By appropriate pleadings these facts are admitted or otherwise made to appear:

On March 27, 1930, defendants executed and delivered an oil and gas lease to P. E. Benedict covering 80 acres of state school land. On March…