Downtown Improvement District lawsuit rides again

[sgrizzle]

Anyone got that horse flogging graphic?

March 25, 2010
Tulsa, Oklahoma
Press Release – For Immediate Release

On March 22, 2011, the Plaintiffs in E & F Cox Family Trust, et al. v. City of Tulsa, et al., CJ-2008-04850, filed notices of appeal with the Oklahoma Supreme Court challenging the rulings made by Tulsa County District Judge Dana Kuehn in the District Court of Tulsa County in the case.

The Plaintiffs in Cox v. City of Tulsa challenged the authority of the City of Tulsa to assess approximately 1,013 properties located inside the IDL for the cost of paying the principal and interest on $25 million in revenue bonds sold by the Tulsa Stadium Trust to the Tulsa Community Foundation.  The revenues from the bonds were used, in conjunction with other funds, to build what is now known as ONEOK Field, location north of Archer and East of Elgin in the Northeast corner of the IDL.  ONEOK Field is leased by the Trust to The Tulsa Drillers, a minor league baseball club, for its use in staging approximately 80 minor league baseball games each year and for rental to groups and promoters.  ONEOK Filed is described by the Trust as being a "multi-purpose sports and event center" which was intended to operate synergistically with the BOK Center and Maxwell Convention Center according to former Mayor Kathy Taylor.

The Plaintiffs claimed that ONEOK Field is a "general public improvement" and not a "local" improvement intended to directly and specially benefit the properties assessed.  Article 10, Section 7 of the Oklahoma Constitution specifically restricts the legislature's ability to authorize Oklahoma municipalities to assess properties for "local" improvements only that directly and specially benefit the properties assess.  Plaintiffs claimed that a minor league baseball field is not a "local" improvement and the resolution creating the assessment district passed by the Tulsa City Council in July of 2008 was an ultra vires action and void.

Plaintiffs also challenged the assessment district resolution, adopted pursuant to 11 O.S. Section 39-101, claiming that it was also unconstitutional because it exempts properties used primarily for religious purposes.  They claimed that the exemption violates Article 2 of the United States Constitution and the Oklahoma Constitution regarding the separation of church and state.

In addition, the Plaintiffs challenged the authority of the City to assess all properties located inside the IDL to collect money to provide maintenance, cleaning, security, shuttle service, upkeep, marketing, management and other services that confer special benefits on the property with the district as a taking without just compensation in violation of the Fourth Amendment of the United States Constitution.

Plaintiffs will ask the Oklahoma Supreme Court not to send the appeal to the Oklahoma Court of Appeals because of the significant public policy issues raised by the case.  It is anticipated that briefing will be competed within 6 month.

For More Information contact:

Kent Morlan
Morlan & Associates, P.C.
406 South Boulder, Suite 450
Tulsa, OK 74103
918-582-5544
Kent@MoreLaw.com

or

Kirsten Bernhardt
406 South Boulder, Suite 411
Tulsa, OK 74103
918-582-0982
Kirsten@TulsaFamilyLawyer.com

[Townsend]

Anyone got that horse flogging graphic?

[dbacks fan]

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