Jackson v. State Corporation Commission

The opinion of the court was delivered by This is an appeal from an order of the trial court dismissing
plaintiffs' petition for judicial review of an order of the state
corporation commission. We are first confronted with the
commission's motion to dismiss the appeal in this court for the
reason that plaintiffs' abstract failed to contain proper
specifications of error. We have examined the motion and find it
without merit. The determinative question is whether G.S. 1949,
55-606 requires that in order to state a cause of action a
petition for judicial review must set forth specifications of
error. On December 4, 1956, plaintiffs-appellants, George E. Jackson
and Karl B. Jackson (hereinafter referred to as plaintiffs),
filed a complaint before defendant-appellee the state corporation
commission (hereinafter referred to as commission) against
defendant-appellee Tidewater Oil Company (hereinafter referred to
as Tidewater), alleging that Tidewater was repressuring with salt
water the Bartlesville formation under a large tract of land
adjoining plaintiffs' lease, which repressuring flooded
plaintiffs' wells. Plaintiffs alleged that Tidewater's acts were
unlawful and contrary to the commission's orders, and prayed for
an order directing Tidewater to cease and desist from injecting
salt water into the producing formation within one-half mile of
plaintiffs' lease, and permanently preventing Tidewater from
allowing the escape of salt water into the oil-bearing formations
underlying plaintiffs' lease.