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DAFFIN v. STATE EX REL. OKL. DEPT. OF MINES

No. 108084.

251 P.3d 741 (2011)

2011 OK 22

Michael A. DAFFIN, Plaintiff/Appellee, v. The STATE of Oklahoma ex rel., OKLAHOMA DEPARTMENT OF MINES, and Mary Ann Pritchard, Director, Oklahoma Department of Mines, Defendants/Appellants, and T & M Sand and Gravel, Inc., Intervenor, Co-Appellant.

Supreme Court of Oklahoma.

March 29, 2011.

Attorney(s) appearing for the Case

Mark Secrest , Caroleen Carman , Oklahoma Department of Mines, Oklahoma City, Oklahoma, for Appellants.

Fourth Scoufos , Thomas W. Condit , Sallisaw, Oklahoma, for Appellee.

Leonard M. Logan, IV , Courtney M. Wolin , Vinita, Oklahoma, for Intervenor.

OPINION

WATT, J.

¶ 1 The dispositive issue in this case is whether certain statutes and rules found in The Mining Lands Reclamation Act, 45 O.S. 2001, §§ 721-738, provided sufficient procedural due process to Plaintiff/Appellee Michael A. Daffin to protect his property rights in connection with a pending application for a mining permit. We answer this question in the negative. We, therefore, affirm the temporary injunction issued by...

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