Opinion

Bellmon v. Albert

648 P.2d 1207
1982 OK 78
1982 Okla. LEXIS 339

Court: Supreme Court of Oklahoma
Filed: Jun 25, 1982
Status: Published
Author: Simms
On the bench: Ala, Barnes, Doolin, Hargrave, Hodges, Irwin, Lavender, Opala, Simms, Wilson
Cited by: 5 cases
Authority: More cited than 22.8%

The opinion

SIMMS, Justice,

dissenting.

I must respectfully dissent. Title 34, O.S. 1981, § 9(D) clearly and unequivocally precludes circulation of an initiative until completion of the appeal process. This Court so held in In Re: State Question No. 541, Initiative Petition 310, Okl., 601 P.2d 103 (1979); In Re: Initiative Petition No. 315, State Question 553, Okl., 649 P.2d 545 (1982). See also, Opinion of The Attorney General, No. 80-116. I would hold the petition invalid as it was circulated outside the statutory 90 day period.

I am authorized to state that Vice Chief Justice Barnes joins me in this dissent.

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