VULCAN CONST. MATERIALS v. TISHOMINGO

Case No. 118,573 THIS OPINION HAS BEEN RELEASED FOR PUBLICATION BY ORDER OF THE COURT OF CIVIL APPEALS, Division No. 2.

526 P.3d 1171 (2022)

2023 OK CIV APP 5

VULCAN CONSTRUCTION MATERIALS, LLC, and Arbuckle Aggregates, LLC, Plaintiffs/Appellants, v. CITY OF TISHOMINGO, Oklahoma, Defendant/Appellee.

Court of Civil Appeals of Oklahoma, Division No. 2.

Mandate Issued: March 2, 2023.


Attorney(s) appearing for the Case

Jon E. Brightmire , Kaylee Davis-Maddy , DOERNER, SAUNDERS, DANIEL & ANDERSON, L.L.P. Tulsa, Oklahoma, for Plaintiff/Appellant Vulcan Construction Materials, LLC.

Elizabeth C. Nichols , ELIZABETH C. NICHOLS, P.C., Edmond, Oklahoma for Plaintiff/Appellant Arbuckle Aggregates, LLC.

Krystina E. Phillips , INDIAN AND ENVIRONMENTAL LAW GROUP, LLC, Ada, Oklahoma and Michael Burrage , Patricia A. Sawyer , J. Renley Dennis , WHITTEN BURRAGE, Oklahoma City, Oklahoma, for Defendant/Appellee City of Tishomingo, Oklahoma.

Anthony J. Ferate , Andrew W. Lester , SPENCER FANE, LLP, Oklahoma City, Oklahoma, for Amicus Oklahoma Aggregates Association.

Brian M. Nazarenus , NAZARENUS STACK & WOMBACHER LLC, Greenwood Village, Colorado, for Amicus Curiae, The Oklahoma City Water Utilities Trust.

Daniel McClure , Oklahoma City, Oklahoma, For Amicus Oklahoma Municipal League, Inc.


¶1 The plaintiffs, limestone mining companies operating or planning to operate1 north of the city of Tishomingo, appeal a district court decision finding that alterations to the City of Tishomingo's nuisance ordinances— modifications that would severely limit the companies...

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