Opinion

Kinslow Round-Up Inc. v. City of Seminole

  • 75 O.B.A.J. 1906
  • 102 P.3d 120
  • 2004 OK 60
  • 2004 Okla. LEXIS 68
Court
Supreme Court of Oklahoma
Filed
Jul 6, 2004
Status
Published
Author
Watt
On the bench
Boudreau, Edmondson, Hargrave, Hodges, Kauger, Lavender, Opala, Simms, Watt, Winchester
Cited by
9 cases
Authority
More cited than 22.6%

The opinion

WATT, C.J.,

with whom HODGES, J. joins, dissenting:

T1 I dissent because it seems to me that there is no way to square the majority opinion here with Sharp v. Oklahoma City, 1937 OK 685 , 74 P.2d 383 ; Town of Luther v. State, 1967 OK 59 , 425 P.2d 986 ; City of Claremore v. Town of Verdigris, 2001 OK 91 , 50 P.3d 208 ; and Botsford v. City of Norman, 354 F.2d 491 (10th Cir.1965), which we cited with approval in both Town of Luther and City of Claremore.

1 2 The foregoing opinions make clear that the use by a municipality of the "strip" method to annex additional territory is a political decision with which this Court will not interfere, regardless of the shape of the anmexed property. For example, in City of Norman, the involved strip was sixty-seven feet wide and fourteen miles long. We held in Sharp, and quoted with approval in City of Clare-more, "That the extent and shape which the annexed territory shall take is a political and not a judicial decision...." City of Clare more, at 112. There is simply no way to square these opinions with today's majority opinion, which invalidates Seminole's annex *133 ation because the involved strip was only three feet wide.

T 3 Therefore, I respectfully dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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