Attached as Exhibit “A”is appellee’s statement of the case not to exceed one 8 2” x 11” double spacedpageif not clearly set out by the appellant in petition in error.
In accelerated appeals from orders granting motion for summary judgment or motion to dismiss, only appellee shall either file the counter-designation of record, if any, with the response to the petition in error, or shall also file concurrently with response, any supplement to record on accelerated appeal.
Defendant/Appellant/Counter-Appellee (“Peck”), who does not own the land at issue where the District’s line was damaged, and lacks standing to bring any counterclaims, failed to submit a mandatory and routine locate request pursuant to the Oklahoma UndergroundFacilities Damage Prevention Act, and hit the District’s line with a dozer on November12, 2021.
Undeterred, Peck continued to excavate, exposing 1,200 feet of the District’s line, requiring it to be replaced and lowered.
The ownerat the time the District’s line was damaged (whois not Peck) purchased the land subject to the District’s easement andline.