LEGAL OPTIONS TO OPPOSE DRILLING

LEGAL OPTIONS TO OPPOSE DRILLING

SANDRIDGE ENERGY APPLICATION 

A.     Planning and Zoning Commission (P&Z)

B.     30 days to Object/file objection with County Commission (CC)

C.     County Commission holds meeting to determine decision

D.    Residents should File an Affidavit on ‘irreparable Harm’ to the P&Z and/or the CC 

(See Page post on this site for affidavit)

In Favor of Sandridge                                                         Against Sandridge

30 days to Appeal in District Court                                     anyone who objected to P&Z decision should be a party/served with process. But Watch out for Legal Notices on when they appeal. Call District Court for notice.

www.nmcourt.gov Case look up by party (Sandridge)

The Remand back to the P&Z by the CC can be appealed now in State District Court. Deadline march 17th 2016.  It would postpone Sandridge's ability to process for now. Requires a fee for discovery on case and hourly rate. We are setting up a go-fund-me site. 

2. District Court: Injunction to Stop Drilling

Standard of Review (Must show Clear Error)

• 1.     Whether agency acted fraudulently arbitrarily or capriciously
• 2.     Whether based upon the whole record on appeal the decision of the agency is not supported by substantial evidence.
• 3.     Whether the action was outside the scope of the authority of the Agency
• 4.     Whether action of the agency was not in accordance with the law.

In order to for residents to get Injunctive relief required proof of ‘irreparable harm”

Include all claims and all subsidiaries etc. of Sandridge.

Appeal from P&Z to CC

One or All 3 things to overturn a decision

• 1.      Abuse of discretion
• 2.     ‘Administrative error’
• 3.     Not supported by evidence

Need Appeal Form P& Z Form from the Zoning officer there is a 30-day deadline Plus a fee

Include ordinance section 22(1) of municipal Code Beneficial use of Property to Section 10 Special use Permits.

Anyone objected on appeal at the P&Z Commission to County Commission should be served. There are over 1000 objections. They need to file an affidavit with the County on how they would experience irreparable harm based on what is happened elsewhere. It is our Burden of Proof.

The Remand back to the P&Z by the CC can be appealed now in 

State District Court 30 day time limit.

Moratorium may not Stop Sandridge from Drilling because they received their drilling permit and an applied to the county prior to moratorium being enacted.We must file an injunction.