CONOCO, INC. v. STATE DEPT. OF HEALTH, ETC.

No. 56070.

651 P.2d 125 (1982)

CONOCO, INC., a corporation, Appellee, v. The STATE DEPARTMENT OF HEALTH OF the STATE OF OKLAHOMA, The State Board of Health of the State of Oklahoma, Air Quality Council of the Department of Health of the State of Oklahoma, Appellants.

Supreme Court of Oklahoma.

As Corrected August 5 and August 19, 1982.

As Modified on Denial of Rehearing October 4, 1982.


Attorney(s) appearing for the Case

Susan M. Otto, Staff Attorney, Oklahoma Air Quality Service, Jan Eric Cartwright, Atty. Gen. of Oklahoma by John F. Percival, Asst. Atty. Gen., for appellants.

Guy Clark, Northcutt, Northcutt, Raley, Clark, Gardner, Hron & Northcutt, Ponca City, for appellee.


OPALA, Justice:

The dispositive issue in this case is whether an aggrieved party who fails to perfect a timely appeal from a final order of an administrative agency later may challenge the validity of the rule on which the order was issued by means of an action for declaratory judgment. We answer in the negative.

I.

Conoco, Inc., appellee (plaintiff below), owns and operates a petroleum refinery in Ponca...

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