(Download) "Dulaney v. Oklahoma State Dept. of Health" by South Carolina Supreme Court " Book PDF Kindle ePub Free
eBook details
- Title: Dulaney v. Oklahoma State Dept. of Health
- Author : South Carolina Supreme Court
- Release Date : January 21, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 83 KB
Description
1 The single issue presented is whether, when a party applies for a permit to operate a solid waste disposal site pursuant to 63 O.S.Supp. 1983 ? 2258.2 , adjacent landowners and mineral interest owners are entitled to notice and an opportunity to be heard. 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 ? 309 before a landfill permit issues. The Legislature effectively obliterated Stewart v. Rood, 796 P.2d 321, 333-335 (Okla. 1990) and Sharp v. 251st St. Landfill, 810 P.2d 1270, 1273 (Okla. 1991) with the enactment of 63 O.S. 1991 ? 1-2415 . However, because the instant cause arose before the effective date of the amendment, Stewart and Sharp are hereby overruled to the extent that they hold that adjacent landowners have no constitutionally protected interest sufficient to require notice and an opportunity to be heard before a landfill permit will issue.