Opinion

Oklahoma Public Employees Ass'n v. McCaleb

  • 63 O.B.A.J. 983
  • 827 P.2d 178
  • 1991 OK CIV APP 111
  • 1991 Okla. Civ. App. LEXIS 113
  • 1991 WL 328465
Court
Court of Civil Appeals of Oklahoma
Filed
Oct 29, 1991
Status
Published
Author
Means
On the bench
Brightmire, Means, Rapp
Cited by
2 cases
Authority
More cited than 23.0%

statute granting standing to any Acitizen@ to enforce provisions relating to hiring state employees

How later courts described this case

  • statute granting standing to any Acitizen@ to enforce provisions relating to hiring state employees
  • statute granting standing to any “citizen” to enforce provisions relating to hiring state employees

Written by the judges who cited it.

The opinion

MEANS, Presiding Judge,

dissenting.

I agree with the trial judge. First, OPEA is not a “citizen” as contemplated by the provisions of 74 O.S.Supp.1990 § 840.-14; second, OPEA does not have the requisite standing to raise another’s legal rights, Allen v. Wright, 468 U.S. 737 , 104 S.Ct. 3315 , 82 L.Ed.2d 556 (1984), and bring another’s declaratory judgment action. OPEA is not an aggrieved party and thus lacks standing to challenge the validity of the questioned decisions. Democratic Par *180 ty of Okla. v. Estep, 652 P.2d 271 (Okla.1982).

I would affirm the summary judgment of the trial court.

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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