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DuLANEY v. OKLAHOMA STATE DEPT. of HEALTH

Nos. 70498, 70524.

868 P.2d 676 (1993)

C. Sue DuLANEY, Elizabeth A. Harris, Citizens Against Land Misuse, Inc., an Oklahoma non-profit corporation, Rodger Most, and Alta McSpadden, Trustee of the M.R. McSpadden Trust, Appellees, v. The OKLAHOMA STATE DEPARTMENT OF HEALTH, the Oklahoma State Board of Health, and Six-Hart Services and Resources, Inc., an Oklahoma corporation, Appellants.

Supreme Court of Oklahoma.

Rehearing Denied March 10, 1994.

Attorney(s) appearing for the Case

Andrew T. Dalton, Jr., Tulsa, Elizabeth A. Harris, Claremore, for appellees.

Michael C. Wofford, Oklahoma City, for appellant, Oklahoma State Health Dept.

Roy D. Johnsen, James D. Goodpaster, Tulsa, Jack K. Mayberry, Claremore, for appellant. Six-Hart Services and Resources, Inc.

KAUGER, Justice.

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 § 2258.2,1 adjacent landowners and mineral interest owners are entitled to notice and an opportunity to be heard.2 We find that adjacent landowners and mineral...

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