Tucker v. Special Energy Corp.
Tucker v. Special Energy Corp.
Opinion of the Court
1 1 Plaintiffs have appealed from an order of the district court dismissing their lawsuit to quiet title to a mineral interest and seeking an accounting of funds placed in escrow for their predecessor-in-title. The district court concluded that the lawsuit was an impermissible collateral attack on an order of the Oklahoma Corporation Commission. The Court of Civil Appeals affirmed. On certio-rari, we conclude that Plaintiffs' claim is not an impermissible collateral attack on a Commission order, as the remedy they seek is not within the Commission's jurisdiction.
BACKGROUND
12 William Howard Taft died intestate in 1958, survived by his wife, Hazel L. Taft, and two sons, including Joseph H. Taft, one of the plaintiffs in this matter. At the time of his death, W.H. Taft held the mineral rights to several acres in Lincoln County. His widow and one son subsequently died. Joseph Taft contends he is the sole heir to the mineral rights to 3.83 acres in Lineoln County.
13 On July 20, 1998, DPC Corporation filed an application with the Commission to forcibly pool a 160-acre drilling and spacing unit in Lincoln County. The proposed unit included the property in which W.H. Taft had held an interest. DPC listed W.H. Taft, deceased, and Hazel L. Taft as respondents, but provided no address for either. On August 11, 1998, the Commission entered an order (1998 Pooling Order) force pooling the unit. The Commission found that DPC had exercised due diligence to locate each respondent and required DPC to escrow any funds payable to those respondents who could not be located.
4 On June 23, 2005, Don Tucker filed an amended application with the Commission, asking it to "construe, clarify and vacate" the 1998 Pooling Order. According to the September 1, 2005, report of the administrative law judge (ALJ), Tucker is a landman who searched for the heirs of W.H. Taft and obtained an agreement with Joseph Taft to attempt to recover the funds DPC had placed in escrow. The ALJ concluded that the notice given in the 1998 matter was sufficient and that, because Joseph Taft was not a record owner in 1998, he would not have been a proper party. The ALJ also concluded that Tucker's application was an impermissible collateral attack on the 1998 Pooling Order.
T6 Defendants filed motions to dismiss, each asserting that Plaintiffs' action constituted a collateral attack on the 1998 Pooling Order." The district court agreed and dismissed the action. Plaintiffs appealed and the Court of Civil Appeals affirmed. Plaintiffs then filed a petition for certiorari, which this Court granted.
STANDARD OF REVIEW
97 Because Defendants' motions to dismiss included evidentiary materials, they should have been treated as motions for summary judgment. Okla. Stat tit. 12, § 2012(B) (Supp. 2007). In their motions, Defendants asserted that Plaintiffs failed to state a claim for which relief could be granted. Id. § 2012(B)(6). "A pleading must not be dismissed for failure to state a legally cognizable claim unless the allegations indicate beyond any doubt that the lHtigant can prove no set of facts which would entitle him to relief" Frazier v. Bryan Mem'l Hosp. Auth., 1989 OK 73, ¶ 13, 775 P.2d 281, 287 (emphasis omitted). A summary judgment will withstand de novo appellate review only if the moving parties establish that there is no genuine issue as to any material fact and they are entitled to judgment as a matter of law. Brown v. Alliance Real Estate Group, 1999 OK 7, ¶ 7, 976 P.2d 1043, 1045.
DISCUSSION
T8 The Court of Civil Appeals concluded in this matter that Plaintiffs' claim was a
2. Although several Defendants filed separate motions to dismiss, each motion was based on the same or a similar argument. Defendants have now sorted themselves into two primary groups, as reflected in the listing of attorneys representing them. collateral attack on the Commission's order. After Plaintiffs filed their petition for certio-rari, another division of the Court of Civil Appeals reached the opposite conclusion on the same issue. A conflict between the divisions of the Court of Civil Appeals calls for the exercise of the Supreme Court's supervisory authority. Rule 1.178(a)(8), Okla. Sup. Ct. Rules, Okla. Stat. tit. 12, app. 1 (2001). With this opinion, we agree with and adopt the reasoning of Division 3 of the Court of Civil Appeals in Tucker v. New Dominion, L.L.C., 2008 OK CIV APP 42, 182 P.3d 169, cert. denied.
T9 Although the Corporation Commission has the authority of a court of record, it has limited jurisdiction. Tenneco Oil Co. v. El Paso Natural Gas Co., 1984 OK 52, ¶ 4 & n. 1, 687 P.2d 1049, 1050 & n. 1; Okla. Const. art. 9, § 19. Any action by the Commission must be authorized by statute. Marathon Oil Co. v. Corp. Comm'n, 1994 OK 28, 112, 910 P.2d 966, 969-970. The Commission oversees the conservation of oil and gas; its jurisdiction is limited to the resolution of public rights. Tenneco, 1984 OK 52, ¶ 5, 687 P.2d at 1050; Leck v. Cont'l Oil Co., 1989 OK 173, ¶ 7, 800 P.2d 224, 226. Public rights are involved when "a unitization order, pooling order, or order setting the allowables on the unit's well" affects "the correlative rights of all mineral rights owners in [a] common source of supply [in al unit." Leck, 1989 OK 173, ¶ 8, 800 P.2d at 226.
%10 The Commission does not have the authority to determine the effect of its order on a legal title to property. Nilsen v. Ports of Call Oil Co., 1985 OK 104, ¶ 14, 711 P.2d 98, 102; see also S. Union Prod. Co. v. Corp. Comm'n, 1970 OK 16, 465 P.2d 454. That is the proper role of the district court, as district courts have jurisdiction to resolve disputes over private rights. Leck, 1989 OK 173, ¶ 7, 800 P.2d at 226. In this action to quiet title and receive an accounting, Plaintiffs have properly invoked the jurisdiction of
1 11 According to their pleadings, Plaintiffs are not attempting to obtain an order declaring the 1998 Pooling Order void. Such an effort would be an impermissible collateral attack. Okla. Stat. tit. 52, § 111 (2001);
{12 Defendants, as participants in and operators of the unit that includes the rights originally owned by W.H. Taft, are holding funds in escrow arguably payable to the successors-in-interest to W.H. Taft. Since Defendants have refused Plaintiffs' claim to those funds, Plaintiffs filed an action in district court to establish their right, if any, to those funds.
Plaintiffs' instant action to settle mineral interest ownership in the Subject Property and for an accounting from the pooled interests constitutes a private dispute properly brought in district court. Plaintiffs' petition, which includes the unrefuted allegation that they are the owners of certain mineral interests in the pooled property, adequately states a claim for relief.
Tucker, 2008 OK CIV APP 42, ¶ 7; 182 P.3d at 171. The district court erred, therefore, in dismissing Plaintiffs' claim.
CONCLUSION
113 Plaintiffs' lawsuit was improperly dismissed by the district court as a collateral attack on the Commission's order. "Considering all allegations in the ... pleading, we cannot say it is legally impossible for [Plaintiffs] to establish any of them to be true." Frazier, 1989 OK 78, ¶ 13, 775 P.2d at 287. We, however, express no premature opinion regarding the merits of Plaintiffs claim.
COURT OF CIVIL APPEALS' OPINION VACATED; DISTRICT COURTS JUDGMENT REVERSED; AND MATTER REMANDED FOR FURTHER PROCEEDINGS.
. The ALJ also observed that Joseph Taft's rights to W.H. Taft's five-acre interest were disputed by Hazel Taft's daughter, LoRheda L. Davis Fry. The record here does not indicate whether that dispute has been resolved, although Joseph Taft claims rights to only 3.33 acres.
. Don W. Tucker was also a plaintiff in that case, having obtained a lease from the putative interest holder, as he did here.
. Section 111 provides in pertinent part:
No collateral attack shall be allowed upon orders, rules and regulations of the Commission made hereunder, but the sole method of reviewing such orders and inquiring into and determining their validity, justness, reasonableness or correctness shall be by appeal from such orders, rules or regulations to the Supreme Court.... No court of this state except the Supreme Court, and it only on appeal, as herein provided, shall have jurisdiction to review ... any order ... of the Commission....
Okla. Stat. tit. 52, § 111 (2001). While a district court does have jurisdiction to consider whether a Commission order is facially void, Chancellor v. Tenneco Oil Co., 1982 OK 122, § 18, 653 P.2d 204, 206-07, Plaintiffs do not make that argument here. The district courts do not have jurisdiction to consider whether a Commission's or«der is void unless the face of the Commission record demonstrates that it lacked jurisdiction. Fent v. Okla. Natural Gas Co., 1994 OK 108, ¶ 20, 898 P.2d 126, 135.
. The district court and parties are cautioned on remand to use extra care when preparing the case style on future documents. This is particularly important here due to the number of parties involved. The style on the document titled "Tour-nal Entry" omitted two parties, misnamed two parties, and misspelled another. These mistakes, which were not mentioned on appeal by any party, were repeated in the opinion issued by the Court of Civil Appeals. Any error caused by these mistakes was not dispositive to this proceeding and is now moot, but that may not always be the case.
Concurring Opinion
concurring.
I concur solely in the court's reversal of the trial court's order that dismissed the action and in the expressed legal ground
Reference
- Full Case Name
- Don W. TUCKER and Joseph H. Taft, Plaintiffs/Appellants, v. SPECIAL ENERGY CORP.; DPC Corp.; The Estate of Michael L. Ross, Deceased; Special Exploration Co., Inc.; SCM Development, L.L.C.; G & C Petroleum, Inc.; New Dominion, L.L.C.; Azar Minerals, Ltd.; DBS Investments, Ltd.; GBC Minerals, Ltd.; William L. Knobles; Resource Exploration & Development, Inc.; Krishna Family, L.L.C.; W.K. Chernicky, L.L.C.; The McDaniel Company, Inc.; Milagro Resources, Inc.; David J. Chernicky; Joseph D. Corpening; Alan W. Stracke; Chernico Exploration, Inc.; Sandra M.L. Watt; Kimberly A. Harper; Janett L. Gunzenheiser; Thomas C. Chernicky; Donald P. Chernicky; Gill Family Investments, Inc.; And David J. Chernicky Trust, Defendants/Appellees
- Cited By
- 15 cases
- Status
- Published