Opinion

Application of Goodwin

597 P.2d 762
1979 OK 106
1979 Okla. LEXIS 269

Court: Supreme Court of Oklahoma
Filed: Jul 12, 1979
Status: Published
Author: Hodges
On the bench: Ala, Irwin, Williams, Simms, Hodges, Hargrave
Cited by: 47 cases
Authority: More cited than 12.7%

The opinion

HODGES, Justice,

concurring in part, dissenting in part.

The petitioners present only one appeala-ble issue which is the trial court’s ruling that restricted the activities of the Authority to the geographical boundaries of Cherokee County, Oklahoma. I concur with the majority opinion of the Court which affirms the trial court’s judgment on this issue.

I dissent to that part of the opinion which reviews and affirms the judgment as to the validity of the trust creating the Cherokee County Home Finance Authority. That issue has not been presented in an adversary posture.

I would adhere to the principles announced by our Court in Application of Fun Country Development Authority, 566 P.2d 1167 (Okl.1977) that we will issue no advisory opinions where no controversy is presented and no contest or challenge is made.

I am authorized to state that HAR-GRAVE, J., concurs in this concurring in part, dissenting in part opinion.

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