# State Ex Rel. Tal v. City of Oklahoma City

> Supreme Court of Oklahoma · December 26, 2002 · 61 P.3d 234

URL: https://www.frixlaw.com/law-library/cases/9885746

## Case

- **Full name:** The STATE of Oklahoma, Ex Rel., Moshe TAL, Resident Taxpayer of the City of Oklahoma City, Oklahoma & Taxpayers Against Ripoffs (“T.A.R.”), an Association of More Than Ten Resident Taxpayers of the City of Oklahoma City, Plaintiffs/Appellees, and MaryGaye LeBoeuf, Appellee, v. the CITY OF OKLAHOMA CITY (“City”), Oklahoma, a Municipal Corporation; Ronald J. Norick, in His Personal and Official Capacity as Former Mayor of the City; Kirk D. Humphreys, in His Personal and Official Capacity as the Mayor of the City; James E. Thompson, in His Personal and Official Capacity as Assistant City Manager & Former MAPS Director; William 0. West, in His Personal and Official Capacity as City’s Municipal Counselor; Daniel T. Brummitt, in His Personal and Official Capacity as City’s Assistant Municipal Counselor; The Oklahoma Urban Renewal Authority (“Urban Renewal”), a Public Body Corporate; Tiana P. Douglas, in Her Personal and Official Capacity as the Executive Director of Urban Renewal; Stanton L. Young, Fred Jones Hall, J. Larry Nichols, Warren Gardner, and James R. Tolbert III, in Their Personal and Official Capacities as Commissioners of the Urban Renewal; William (“Bill”) O. Johnstone, in His Personal and Official Capacity as the Former Commissioner of Urban Renewal; Dan Batchelor, in His Personal and Official Capacity as Legal Counselor of Urban Renewal, Defendants, and Bricktown Parking Investors, L.L.C., an Oklahoma Limited Liability Company; Bricktown-TMK/Hogan Parking, L.L.C., an Oklahoma Limited Liability Company; OKC Athletic Club Limited Partnership, an Oklahoma Limited Partnership, Defendants/Appellants, and BAP-Bricktown, L.L.C., an Oklahoma Limited Liability Company, Defendant, and TMK/Hogan, a Joint Venture; Bricktown TMK/Hogan Entertainment, L.L.C., an Oklahoma Limited Liability Company; Hogan Property Management, L.L.C., an Oklahoma Limited Liability Company, Defendants/Appellants, and Torchmark Corporation (“TMK”), an Alabama Corporation; Torchmark Development Corporation (“TDC”) and TMK Income Properties, L.P. (“TIP”) Both Subsidiaries of TMK, Defendants, and Dan Randolph (“Randy”) Hogan, Defendant/Appellant, and Edwards Theatres Circuit, Inc., a California Corporation; Oklahoma Gas & Electric Company (“OG & E”), an Oklahoma Corporation; The Benham Group, an Oklahoma Corporation; And John Doe No. 1-50, Defendants; The State of Oklahoma, Ex Rel., Moshe Tal, Resident Taxpayer of the City of Oklahoma City, Oklahoma & Taxpayers Against Ripoffs (“T.A.R.”), an Association of More Than Ten Resident Taxpayers of the City of Oklahoma City, Plaintiffs/Appellants, v. the City of Oklahoma City (“City”), Oklahoma, a Municipal Corporation; Ronald J. Norick, in His Personal and Official Capacity as Former Mayor of the City; Kirk D. Humphreys, in His Personal and Official Capacity as the Mayor of the City; James E. Thompson, in His Personal and Official Capacity as Assistant City Manager & Former MAPS Director; William 0. West, in His Personal and Official Capacity as City’s Municipal Counselor; Daniel T. Brummitt, in His Personal and Official Capacity as City’s Assistant Municipal Counselor; The Oklahoma Urban Renewal Authority (“Urban Renewal”), a Public Body Corporate; Tiana P. Douglas, in Her Personal and Official Capacity as the Executive Director of Urban Renewal; Stanton L. Young, Fred Jones Hall, J. Larry Nichols, Warren Gardner, and James R. Tolbert III, in Their Personal and Official Capacities as Commissioners of the Urban Renewal; William (“Bill”) 0. Johnstone, in His Personal and Official Capacity as the Former Commissioner of Urban Renewal; Dan Batchelor, in His Personal and Official Capacity as Legal Counselor of Urban Renewal; Bricktown Parking Investors, L.L.C., an Oklahoma Limited Liability Company; Bricktown-TMK/Hogan Parking, L.L.C., an Oklahoma Limited Liability Company; OKC Athletic Club Limited Partnership, an Oklahoma Limited Partnership, Defendants/Appellees, and BAP-Bricktown, L.L.C., an Oklahoma Limited Liability Company, Defendant, and TMK/Hogan, a Joint Venture; Bricktown TMK/Hogan Entertainment, L.L.C., an Oklahoma Limited Liability Company; Hogan Property Management, L.L.C., an Oklahoma Limited Liability Company, Defendants/Appellees, and Torchmark Corporation (“TMK”), an Alabama Corporation; Torchmark Development Corporation (“TDC”) and TMK Income Properties, L.P. (“TIP”) Both Subsidiaries of TMK, Defendants, and Dan Randolph (“Randy”) Hogan, Defendant/Appellee, and Edwards Theatres Circuit, Inc., a California Corporation; Oklahoma Gas & Electric Company (“OG & E”), an Oklahoma Corporation; The Benham Group, an Oklahoma Corporation; And John Doe No. 1-50, Defendants
- **Court:** Supreme Court of Oklahoma
- **Decided:** December 26, 2002
- **Citations:** 61 P.3d 234; 2002 OK 97; 2002 WL 31818927
- **Precedential status:** Published
- **Opinion:** Dissent by Watt
- **Judges:** James F. Davis of Andrews Davis Legg Bixler Milsten & Price
- **Cited by:** 97 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9885746

## Opinion text

WATT, V.C.J.,
with whom WINCHESTER, J. joins, dissenting:
DISSENTING OPINION
¶ 1 I dissent to the majority opinion. I would reverse the trial court for having declined to impose sanctions under 12 O.S. § 2011. I would affirm the trial court’s having awarded attorneys’ fees under its inherent power to do so where bad faith has been established. My reasons for dissenting here are set out at some length in my dissenting opinion in Tal III, State ex rel. Tal v. City of Oklahoma City, 2000 OK 70 , 19 P.3d 268 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9885746. Public record. Not legal advice.
