Opinion

State Ex Rel. Department of Highways v. McKnight

  • 496 P.2d 775
  • 1972 OK 3
Court
Supreme Court of Oklahoma
Filed
Jan 11, 1972
Status
Published
Author
Hodges
On the bench
Lavender, Berry, Davison, Williams, Jackson, Irwin, Hodges, McInerney
Cited by
13 cases
Authority
More cited than 5.2%

Modified on other grounds by Schrom Ex Rel. Schrom v. Oklahoma Industrial Development, 536 P.2d 904 (1975)

The opinion

HODGES, Justice

(dissenting).

I dissent for the reasons stated in my dissenting opinion in the recent case of Newman v. State of Oklahoma ex rel. Board of Regents, etc., 490 P.2d 1079 (1971). There I concluded the doctrine of governmental immunity as court made law should be abrogated.

Especially is this so under the facts of this case where the State has entered into a contract pursuant to legislature authorization. See Grant Construction Company v. Burns, 92 Idaho 408 , 443 P.2d 1005 . Even if soverign immunity is to be continued, as the majority of the court has avowed, it should not be invoked in the present case where statutory authority for the State Highway Commission to enter into a contract is tantamount to legislative consent to be sued for the breach of that contract.

When a State has entered into a business contract with a private concern or individual the rights, duties and obligations of that contract are mutually binding and reciprocal. Each party should be allowed to enforce the provisions of that contract and each should be allowed to sue for damages when either causes a breach of the contract. There is no mutuality or reciprocity where the State can enforce the provisions of a contract and accept its benefits, and at the same time deny the right *785 of a citizen to sue where the actions on the part of the State has caused a breach of the contract resulting in damages to the individual. Fairness demands a better forum of justice.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.