Adams, et al. v. Miss. State Oil and Gas Bd., et al.
| Docket Number: | 2001-CA-00747-COA Linked Case(s): 2001-CT-00747-SCT ; 2001-CA-00747-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 03-11-2003 Opinion Author: McMillin, C.J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Appeal from Oil & Gas Board decision - Section 53-1-39 Judge(s) Concurring: King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Jury Trial Nature of the Case: CIVIL - STATE BOARDS AND AGENCIES |
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| Trial Court: |
Date of Trial Judgment: 11-04-2000 Appealed from: Lincoln County Chancery Court Judge: R.B. Reeves, Jr. Disposition: DISMISSED FOR LACK OF SUBJECT MATTER JURISDICTION. MOTION FOR NEW TRIAL, TO AMEND JUDGMENT, STAY PROCEEDINGS WAS DENIED. Case Number: 2000-100 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Sherley Adams, et al. |
JOHN D. SMALLWOOD
STUART H. SMITH
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| Appellee: | Mississippi State Oil and Gas Board, Murphy Oil USA, Inc., Fina Oil & Chemical Company, Union Pacific Resources, Exxon, Mobil, Amoco Corporation and Marathon Oil Company, Successor to TXO Production Company | DANIEL M. WEIR MARY MARGARET WAYCASTER JEFFERY P. REYNOLDS TIM WAYCASTER |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Appeal from Oil & Gas Board decision - Section 53-1-39 |
| Summary of the Facts: | The Mississippi Oil and Gas Board issued notice that it was considering the adoption of Statewide Rule 68 dealing with permissible methods of disposing of waste material created in the process of drilling oil and gas wells when the waste contains naturally-occurring radioactive materials at above-normal levels. The Adams Group opposed the adoption. After a full hearing, the Board adopted Rule 68 essentially as proposed. The Adams Group filed an original action in chancery court stating, among other requests for relief, that the plaintiffs appeal the decision of the Board. The chancellor dismissed the appeal as untimely, and the Adams Group appeals. |
| Summary of Opinion Analysis: | The Adams Group argues that the filing of notice of intent to appeal with the chancery court was sufficient to perfect the appeal. Section 53-1-39(a) requires an appeal from actions of the Oil and Gas Board to be perfected within 30 days from the date that such final rule is filed for record in the office of the Board. Upon the filing with the board of a petition for appeal to the chancery court, the Board must, as promptly as possible, file with the clerk of the chancery court a copy of the petition for appeal and of the rule. Therefore, in order to perfect an appeal of an order of the Board, the notice must be filed with the Board within thirty days of the filing of the order after adoption. In view of the Mississippi Supreme Court’s plainly-expressed intention found in M.R.A.P. 4(a) to overlook the filing of notice of appeal in the wrong place, the filing of the notice of intention to appeal directly with the chancery court rather than with the Board was enough to perfect the appeal. Therefore, this appeal was accomplished in a manner sufficient to preserve the Adams Group’s right of appellate review. |
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