SMITH v. BOVAIRD SUPPLY CO.

No. 52358.

616 P.2d 1157 (1980)

Walter V. SMITH and Bervie A. Smith, Appellants, v. BOVAIRD SUPPLY COMPANY, a corporation, W.J. Bovaird, D.D. Bovaird, the Board of County Commissioners of Mayes County, State of Oklahoma and Ruth A. Ratcliff, Appellees.

Supreme Court of Oklahoma.

September 9, 1980.


Attorney(s) appearing for the Case

Swanson & DoRemus by Gerald D. Swanson, Tulsa, for appellants.

T.H. Eskridge of Boesche, McDermott & Eskridge, Tulsa, Tony Jack Lyons of Lyons & Dean, Pryor, for appellees, The Bovaird Supply Co., W.J. Bovaird and D.D. Bovaird.

J. Duke Logan of Logan, Lowry & Johnston, Vinita, for appellee, Ruth A. Ratcliff.


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...

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