(a)Any person adversely affected by and dissatisfied with
any rule, regulation, or order made or issued hereunder, may
within ninety (90) days after the entry thereof bring a civil
suit or action against the commission or the state oil and gas
supervisor or both in the district court of Laramie county, or
in the district court of the county in which the complaining
person resides, or in the U.S. district court for Wyoming, (if
it otherwise has jurisdiction) and not elsewhere, to test the
validity of any provision of this act, or rule, regulation, or
order, and to secure an injunction and other appropriate relief,
including all rights to appeal under applicable rules of civil
procedure. Any case on appeal shall have precedence over any
other case then pending in such court.
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(a) Any person adversely affected by and dissatisfied with
any rule, regulation, or order made or issued hereunder, may
within ninety (90) days after the entry thereof bring a civil
suit or action against the commission or the state oil and gas
supervisor or both in the district court of Laramie county, or
in the district court of the county in which the complaining
person resides, or in the U.S. district court for Wyoming, (if
it otherwise has jurisdiction) and not elsewhere, to test the
validity of any provision of this act, or rule, regulation, or
order, and to secure an injunction and other appropriate relief,
including all rights to appeal under applicable rules of civil
procedure. Any case on appeal shall have precedence over any
other case then pending in such court.
(b) In addition to the foregoing, any person who may feel
himself aggrieved by any rule, regulation, order or decision of
the commission may have an appeal as provided by law, with
respect to appeals from decisions of the board of land
commissioners. All proceedings on appeal, except as herein
otherwise provided, shall be under the provisions of the code of
civil procedure as in other civil cases.
(c) Any person shall have the right to appeal from a
decree or judgment of the trial court to the supreme court in
accordance with the general laws of this state relating to
procedure in appeals in civil cases.
(d) No temporary restraining order or injunction of any
kind against the commission or its agents, employees, or
representatives, or the attorney general, shall become effective
until the plaintiff shall execute a bond in such amount and upon
such conditions as the court may direct, and such bond is
approved by the judge of the court and filed with the clerk of
the court. The bond shall be made payable to the state of
Wyoming, and shall be for the use and benefit of all persons who
may be injured by the acts done under the protection of the
restraining order or injunction, if the rule, regulation or
order is upheld. No suit on the bond may be brought after six
(6) months from the date of the final determination of the suit
in which the restraining order or injunction was issued.
(e) A suit or an appeal involving a test of the validity
of any provision of this act, or a rule, regulation, or order
shall be advanced for trial and be determined as expeditiously
as feasible, and no postponement or continuance thereof shall be
granted unless deemed imperative by the court. The court shall
consider all the evidence, shall not be bound by any finding of
fact or conclusion of law made by the commission, shall hold a
trial de novo, shall pass on the credibility of witnesses and
the weight to be given to their testimony, and shall determine
independently all issues of fact and of law with respect to the
validity and reasonableness of the provision, rule, regulation,
or order complained of.
(f) No suit, action or other proceeding based upon a
violation of this act or any rule, regulation or order of the
commission hereunder shall be commenced or maintained unless
same shall have been commenced within one (1) year from the date
of the alleged violation.