Date: 04-17-2001

Case Style: Margaret B. Fent, et al. v. Oklahoma Natural Gas Company

Case Number: 2001 OK 35

Judge: James R. Winchester

Court: Oklahoma Supreme Court

Plaintiff's Attorney: James M. Little of Little, Miner & Petersen, Oklahoma City, Oklahoma

Defendant's Attorney: Vivian C. Hale and Stuart D. Campbell of Gable & Gotwals, Tulsa, Oklahoma

Description: 1 On July 26, 1996, the trial court granted the motion of the appellee, Oklahoma Natural Gas Company (ONG), to strike as moot the motion of the appellants, Margaret B. Fent and Jerry R. Fent (Fents) to certify this suit as a class action. In addition, the trial court found that the Fents’ motion to certify this matter as a class action should be denied. The Court of Civil Appeals, Division 2,1 affirmed the trial court’s interlocutory order. This Court has previously granted certiorari.

2 This is the third appeal by the Fents in their lawsuit against ONG. In 1988, the [27 P.3d 478] Fents, husband and wife, as landowners and customers of ONG, a public utility, brought an individual and class action on behalf of themselves and other similarly situated customers of ONG. The controversy began when the Fents had reported to ONG that gas was leaking in the pipeline in their back yard. ONG denied ownership and responsibility for the pipeline, which ran from its easement behind the Fents’ property, through the Fents’ back yard to ONG’s gas meter located in the basement of the Fents’ home. ONG disconnected the gas service, removed the properly operating gas meter from the Fents’ basement, leaving a ten-inch gap in the pipeline where the old meter was removed, and refused to repair or replace the yard line where the gas had been leaking. Before ONG would restore gas service, ONG required that the Fents repair the gap in their basement, and install another yard line to connect to a new meter that ONG installed in the Fents’ back yard utility easement. The Fents made the required repairs and then filed this individual and class-action suit3 against the utility company. The Fents claim that there are 140,202 total ONG gas meters on private property, all having a yard line and ten-inch gap to be repaired when ONG pulls its gas meter for relocation. The Fents seek the following relief in their lawsuit: injunctive and declaratory relief, damages for repair of the ten-inch gap left when ONG pulls a meter off private property, and damages for repair and replacement of yard lines.

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Click the case caption above for the full text of the Court's opinion.

Outcome: Court of Civil Appeals vacated; District Court affirmed.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: Reported by Kent Morlan