Opinion
No. 23936
March 5, 1935.
(Syllabus)
Oil and Gas — Permit to Drill Within City Limits not Properly Issued to Applicant Where Land Held Adversely to Applicant.
It is error for the district court on appeal from the board of adjustment to grant a permit to an applicant to drill a well on lands in the possession of some one holding adversely to such applicant.
Appeal from District Court, Oklahoma County; Sam Hooker, Judge.
Application for drilling permit by Robert A. Wallace, opposed by J. W. Van Meter, Building Superintendent of the City of Oklahoma City. The board of adjustment denied the permit, but the district court on appeal entered judgment for applicant, and the building superintendent appeals. Reversed, with directions.
Harlan Deupree, Municipal Counselor, of Oklahoma City, for plaintiff in error.
Dudley, Hyde, Duvall Dudley, of Oklahoma City, for defendant in error.
Upon review of the record herein, it appears that applicant for a drilling permit, Robert A. Wallace, was not in possession of the lands on which he sought such permit, and that said lands were held adversely to him. The action of the court in granting said permit was therefore erroneous.
The judgment of the trial court is reversed, with directions to dismiss said proceeding.