financing scheme that involved “[a]t most . . . appropriation-risk or moral obligation bonds” did not create constitutional debt because there was “no legally enforceable contract between [the Legislature] and either [the Capitol Improvement Authority], the various agencies, etc. or the citizens of Oklahoma to make the anticipated appropriations necessary to retire the bonds”
How later courts described this case
- financing scheme that involved “[a]t most . . . appropriation-risk or moral obligation bonds” did not create constitutional debt because there was “no legally enforceable contract between [the Legislature] and either [the Capitol Improvement Authority], the various agencies, etc. or the citizens of Oklahoma to make the anticipated appropriations necessary to retire the bonds”
Written by the judges who cited it.
The opinion
OPALA, J.,
receding from the court’s opinion and joining the dissenting view by LAVENDER, J.
¶ 1 I recede from today’s pronouncement for the reasons expressed in Application of Oklahoma Capitol Improvement Authority (Opala, J., dissenting) 1 and join the dissenting view by Lavender, J.
*216 ORDER
¶ 1 Original jurisdiction is assumed as to the issue of disqualification of all of the Justices of the Oklahoma Supreme Court, with other merit issues to be subsequently considered. The interest of the individual Justices in a Capitol Improvement Bond Issue, including bonds for new judicial facilities, is too speculative and insubstantial to constitute an interest in the outcome of this cause, involving the legality of that bond issue, to require disqualification of any or all of the Justices. Commonwealth of Northern Mariana Islands v. Kaipat, 94 F.3d 574 (9th Cir.1996).
¶ 2 DONE BY THE ORDER OF THE SUPREME COURT IN CONFERENCE THIS 19th DAY OF April, 1999.
¶ 3 HARGRAVE, V.C.J., HODGES, LAVENDER, SIMMS, WILSON, KAUGER and WATT, JJ. — concur.
. 1998 OK 25 , 958 P.2d 759, 779-82 , cert. denied - U.S. -, 119 S.Ct. 174 , 142 L.Ed.2d 142 (1998).