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FOWLER v. LINCOLN COUNTY CONSERVATION DIST.

No. 89,115.

15 P.3d 502 (2000)

2000 OK 96

Eddie FOWLER and Karen Fowler, individually and as husband and wife, Dennis Hawkins and Arlene Hawkins, individually and as husband and wife, Lee Smith and Marjorie Smith, individually and as husband and wife, and Orah Fowler, individually, Appellees, v. LINCOLN COUNTY CONSERVATION DISTRICT, Appellant.

Supreme Court of Oklahoma.

December 12, 2000.

Attorney(s) appearing for the Case

Ronald L. Walker, Connie M. Bryan, McKinney, Stringer & Webster, P.C., Oklahoma City, OK, for Appellant Lincoln County Conservation District.

Terry W. West, Bradley C. West, J. David Cawthon, The West Law Firm, Shawnee, OK, for Appellees.

LeAnne Burnett, Crowe and Dunlevy, Oklahoma City, OK, for Amicus National Watershed Coalition, National Association of Conservation Districts, and Oklahoma Association of Conservation Districts.

Dean A. Couch, Oklahoma Water Resources Board, Oklahoma City, OK, for Amicus Oklahoma Water Resources Board.

Jeannine Hale, Assistant Attorney General, Office of the Attorney General, Tulsa, OK, for Amicus State of Oklahoma.

HARGRAVE, V.C.J.

¶ 1 This issue in this contract case is whether the contract created a duty on the part of the Lincoln County Conservation District ("District") to maintain the condition of the lake created by its flood control easement and, if so, whether it breached that duty. The plaintiffs, adjacent landowners, sued District in contract for damages for failure to maintain the easement after blue-green algae formed...

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