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State By and Through Christopulos v. Husky Oil

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eBook details

  • Title: State By and Through Christopulos v. Husky Oil
  • Author : Supreme Court of Wyoming
  • Release Date : January 17, 1978
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 95 KB

Description

George Christopulos, state engineer of the state of Wyoming (hereinafter referred to as the state engineer) and Robert Sundin, director of the department of environmental - Page 263 quality (DEQ) appeal from the decision of the district court of Laramie County, Wyoming granting summary judgment in favor of Husky Oil Company of Delaware (Husky), declaring that that companys plan to impound and recycle effluent water, being the water remaining after use in its refinery process of water which it purchases from the city of Cheyenne, Wyoming, is not subject to the jurisdiction and control of the state engineer and the Wyoming state board of control (board). The summary judgment also declared that the proposed use did not infringe upon any rights of downstream water appropriators (intervenors) who had been permitted to intervene in the action, file answer and appear as active litigants. The city of Cheyenne, the original appropriator of the water sold to Husky, was not made a party to the action and no other party has sought its joinder. The city, acting through its board of public utilities (city), did not seek to intervene but claimed interest in the outcome and was granted leave to file a brief in the lower court as amicus curiae, which same privilege was extended to it in this court. Upon careful consideration of the briefs and arguments upon the motions for summary judgment, a majority of the court are of the opinion that both the state board of control and the city of Cheyenne are necessary and indispensable parties to the action if the issues asserted are to be adjudicated and that the cause should not proceed without their joinder. We are also of the opinion that after their joinder there should be a full factual trial upon the claims of all parties, including the intervenors, before a final judgment is entered in the matter.


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