Opinion

In Re the Purchase of the Suntide Inn Motel

  • 563 P.2d 125
  • 1977 OK 62
  • 1977 Okla. LEXIS 529
Court
Supreme Court of Oklahoma
Filed
Apr 5, 1977
Status
Published
Author
Doolin
On the bench
Barnes, Williams, Irwin, Davison, Doolin, Hodges, Lavender, Berry, Simms
Cited by
8 cases
Authority
More cited than 12.9%

Overruled on other grounds by Independent School District No. 89 of Oklahoma County v. City of Oklahoma City, 1986 Okla. LEXIS 148 (1986)

Later courts went against this

  • Overruled on other grounds by Independent School District No. 89 of Oklahoma County v. City of Oklahoma City, 1986 Okla. LEXIS 148 (1986)

    School Dist. No. 41, 565 P.2d 677, 679 (Okla.1977); Matter of Suntide Inn Motel, Oklahoma City, 563 P.2d 125, 127 (Okla.1977), overruled on other grounds by Indep. School Dist. No. 89 of Oklahoma County v. City of Oklahoma City, 722 P.2d 1212, 1216 (Okla.1986); Application of Grand River Dam Authority, 554 P.2d 5, 7 (Okla.1976); Wiseman v. Boren, 545 P.2d 753, 755 (Okla. 1976); Pan Am.
    Supreme Court of OklahomaJul 22, 1986other groundsmedium confidenceRead it

The opinion

DOOLIN, Justice,

specially concurring.

I agree with the majority, a task such as this regarding rehabilitation of prisoners, is a governmental function of such import and public concern as to preclude interference by a City Planning Commission.

However, I cannot subscribe to the view embraced by the majority in its adoption of the holding of Davidson County v. Harmon, 200 Tenn. 575 , 292 S.W.2d 777 (1956) that the State of Tennessee is not bound by its statutes unless expressly provided otherwise. I believe the dissent correctly reflects a more enlightened view of the concept of sovereign immunity. To hold a state is never subject to local zoning restrictions is to emasculate in perpetuum, the very power the state has granted to municipalities, to zone and regulate its orderly growth.

The two authorities cited by the majority and the dissent, Rutgers State University v. Piluso, 60 N.J. 142 , 286 A.2d 697 (1971); Bloomfield v. New Jersey Highway Authority, 18 N.J. 237 , 113 A.2d 658 (1955) set forth certain criteria or standards for the balancing of interests of the governmental body seeking immunity against the welfare of the municipality. Apparently the majority has “balanced the interests” and finds the state’s interests and immunities are paramount in these particular circumstances. I agree. A city’s control of land-use planning must give way to effectuating this legislative goal. In an affective issue such as the location of a pre-release center, to hold otherwise could lead to a substitution of the city’s collective emotionally tainted judgment for that of the wisdom of the Legislature.

I am authorized to state that Justice DAVISON concurs in the views herein expressed.

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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