Legal Opinion

DuLaney v. Oklahoma State Department of Health

Supreme Court of Oklahoma

Decided September 21, 1993No. 70498, 70524PublishedCited by 56 opinions

1Opinion of the Court

KAUGER, Justice.

The single issue presented is whether, when a party applies for a permit-to *678operate a solid waste disposal site pursuant to 63 O.S.Supp.1983 § 2258.2,1 adjacent landowners and mineral interest owners are entitled to notice and an opportunity to be heard.2 We find that adjacent landowners and mineral interest owners are entitled to notice and an opportunity to be heard in an individual proceeding conducted pursuant to 75 O.S.1981 § 3093 before a landfill permit issues. The Legislature effectively obliterated Stewart v. Rood, 796 P.2d 321, 333-335 (Okla.1990) and Sharp v. 251st…

2Cases cited30 opinions

  1. Michigan v. LongSupreme Court of the United States · 1983
  2. Association of Data Processing Service Organizations, Inc. v. CampSupreme Court of the United States · 1970
  3. Goss v. LopezSupreme Court of the United States · 1975
  4. United States v. Students Challenging Regulatory Agency Procedures (SCRAP)Supreme Court of the United States · 1973
  5. United States v. JohnsonSupreme Court of the United States · 1982

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3Cited by56 opinions

  1. Oklahoma Ass'n for Equitable Taxation v. City of Oklahoma CitySupreme Court of Oklahoma · 1995
  2. Toxic Waste Impact Group, Inc. v. LeavittSupreme Court of Oklahoma · 1994
  3. In Re Initiative Petition No. 382Supreme Court of Oklahoma · 2006
  4. City of Bethany v. Public Employees Relations BoardSupreme Court of Oklahoma · 1995
  5. Sharp v. 251st Street Landfill, Inc.Supreme Court of Oklahoma · 1996

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