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YOUNG v. SPENCER

No. 108,375. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 1.

262 P.3d 389 (2011)

2011 OK CIV APP 79

Ulrich W. YOUNG, Plaintiff/Appellant, v. Bob SPENCER, Defendant/Appellee.

Court of Civil Appeals of Oklahoma, Division No. 1.

May 27, 2011.

Attorney(s) appearing for the Case

Michael H. Brady , Timothy J. Synar , Brady, Schaulat, Falsetti & Synar, Oklahoma City, OK, for Plaintiff/Appellant.

James J. Hodgens , James J. Hodgens, P.C., and Richard James , Richard James, P.C., Stroud, OK, for Defendant/Appellee.

ROBERT D. BELL, Chief Judge.

¶ 1 Plaintiff/Appellant, Ulrich W. Young, appeals from the trial court's order dismissing his reckless herbicide application action against Defendant/Appellee, Bob Spencer, on the ground Plaintiff failed to comply with 2 O.S. Supp.2005 § 3-82(H) prior to filing suit. For the reasons set forth below, we reverse and remand for further proceedings.

¶ 2 Plaintiff and Defendant own adjacent parcels of land. Plaintiff...

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