“Although the district court does have jurisdiction to hear the town of Cyril’s damages action for nuisance, this does not prevent the [OCCj from proceeding to abate the existing contamination.”
How later courts described this case
- “Although the district court does have jurisdiction to hear the town of Cyril’s damages action for nuisance, this does not prevent the [OCCj from proceeding to abate the existing contamination.”
- saltwater contamination of aquifer by two petroleum companies
- under pre 1993 statutes
Written by the judges who cited it.
The opinion
JONES, Judge
Dissenting:
The Statutes of the State of Oklahoma, as they existed at the time this action was brought and at the time the order here considered was entered, did not give the Commission jurisdiction to order remediation. Title 52 O.S.1993 § 139 was effective July 1, 1993, and only then did the statutes grant that authority. This court should not infer that jurisdiction existed prior to that time because the Commission only is vested with the power granted by statute.