Opinion

Fent v. Oklahoma Capitol Improvement Authority

  • 984 P.2d 200
  • 1999 OK 64
  • 1999 WL 456951
Court
Supreme Court of Oklahoma
Filed
Jul 8, 1999
Status
Published
Author
Opala
On the bench
Ala, Summers, Hargrave, Hodges, Simms, Kauger, Watt, Lavender, Opala, Wilson
Cited by
60 cases
Authority
More cited than 11.2%

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).

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.