Homeowners who sued the Oklahoma Department of Transportation for creating a dumpsite that they contend polluted their little private lake lost their appeal to the Court of Civil Appeals.
The residents around Lake Theisen located north of Tulsa said the dumpsite debris and silt runoff polluted their lake after the dumpsite was created by the Transportation Department during a highway construction project between 2011 and 2013. Those who filed the suits were Joseph M. Cervantez, ColbertGrant’s Investments, LLC, Steven Whitaker, Kevin Kunkel,, Rose Kunkel and Tom Colbert.
The residents appealed after losing a decision in Osage County District Court. At least three lower court judges who succeeded one another in the case, denied efforts of the residents to force ODOT to restore the lake.
But the Court of Civil Appeals ruled the claims of the residents don’t have merit and that judges in the case did not abuse their discretion. The Appeals Court also rejected the request of the residents to issue an injunction against ODOT.
“This Court concludes the district court did not abuse its discretion when it denied Plaintiffs’ motions to abate and restore and when it denied Plaintiffs’ request for an injunction. The district court’s order denying motion to abate and restoration is affirmed.”
