Opinion

State Ex Rel. Wright v. Oklahoma Corp. Commission

  • 170 P.3d 1024
  • 2007 OK 73
  • 2007 WL 2852635
Court
Supreme Court of Oklahoma
Filed
Oct 3, 2007
Status
Published
Author
Opala
On the bench
Opala, Edmondson, Hargrave, Kauger, Watt, Taylor, Colbert, Winchester
Cited by
29 cases
Authority
More cited than 11.2%

stating principle and collecting some of our cases from 2007, 1997, 1937, 1935, and a 1912 opinion from the Court of Criminal Appeals

How later courts described this case

  • stating principle and collecting some of our cases from 2007, 1997, 1937, 1935, and a 1912 opinion from the Court of Criminal Appeals
  • "... the particular name which a state court or legislature may give to a money payment commanded by its statute is not controlling here when its constitutionality is in question"
  • treating dismissal without prejudice as appealable order

Written by the judges who cited it.

The opinion

OPALA, J.,

I 65 concurring in result in

Part I of the court's opinion and concurring in its remainder

No literal meaning can ever be ascribed to a statutory declaration that is in patent discord with legal reality and its consequences. Instead of attributing to the statute's words an intention of effecting an *1043 unlawful divestiture of public money, we will, as we must, interpret them as no more than impressing the entire fund with a trust dedicated to the purpose for which it was created, permitting no diversion to anything else. When the statute's text is so understood, the title to the fund remains unchanged, but its assets, now firmly committed to a single purpose, stand impervious to legislative tinkering. 1

T 66 WINCHESTER, C.J., Disqualified.

. A long-standing "rule of statutory construction is that the manifest intent of the legislature will prevail over the literal import of words." DeAnnexation of Certain Real Property from the City of Seminole, 2004 OK 60 , 102 P.3d 120, 129 .

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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