Opinion

Board of County Commisioners v. City of Muskogee

62 O.B.A.J. 3429
820 P.2d 797
1991 OK 115
1991 Okla. LEXIS 124
1991 WL 226528

Court: Supreme Court of Oklahoma
Filed: Nov 5, 1991
Status: Published
Author: Simms
On the bench: Alma, Doolin, Hargrave, Hodges, Kauger, Lavender, Opala, Simms, Summers, Wilson
Cited by: 12 cases

Overruled on other grounds by Clay v. Independent School District No. 1 of Tulsa County, 68 O.B.A.J. 559 (1997)

Later courts went against this

Overruled on other grounds by Clay v. Independent School District No. 1 of Tulsa County, 68 O.B.A.J. 559 (1997)
” Bd. of County Comm’rs v. City of Muskogee, 820 P.2d 797, 805 (Okla. 1991), overruled on other grounds by Clay v. Indep. Sch. Dist. No. 1, 935 P.2d 294 (Okla.1997).
Supreme Court of OklahomaFeb 18, 19972 citing opinionsother groundsRead it

The opinion

SIMMS, Justice,

concurring in part, dissenting in part:

I would affirm the trial court in all respects. The use of sinking funds to pay for revaluation costs is beyond the limits placed on those funds by Art. 10, § 28. Additionally, I agree with Justice Wilson that the majority’s authorization of this payment from sinking fund revenues is not rendered permissible by its depiction of the obligation as now being a “judgment”. That rationale is illusory and unconvincing.

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