Recent Legal Developments Involving the Oklahoma Turnpike Authority
In recent weeks, there have been significant legal developments involving the Oklahoma Turnpike Authority (OTA), the Oklahoma Supreme Court, and the Oklahoma Legislature. These developments have implications for the governance and operations of the OTA, as well as the future of OTA’s proposed ACCESS Oklahoma turnpike project.
Legislative Changes to OTA Board Appointments
In a historic move, lawmakers at the Oklahoma Capitol voted to override a veto by Governor Kevin Stitt regarding House Bill 2263, which would split the power to appoint Oklahoma Turnpike Authority board members. Previously, all six members of the OTA’s Board of Directors were appointed by the governor.
Under the new law, the Oklahoma governor, the Speaker of the House, and the President Pro Tempore of the Senate will each have two appointments. The governor, the Speaker of the House, and the President Pro Tempore will appoint members from specific districts across the state.
Despite the governor's veto, the Oklahoma House of Representatives and the Oklahoma Senate voted to override it. The measure will go into effect on Nov. 1, 2023.
Oklahoma Supreme Court Ruling on OTA Open Meeting Act Lawsuit
In another significant development, the Oklahoma Supreme Court overturned a district court ruling that found the OTA violated the Open Meeting Act by failing to sufficiently inform the public of plans to build two new turnpikes in Norman.
More than 200 residents had sued the OTA in May 2022, alleging that the agency’s February 2022 meeting agendas violated the law because the projects were not specifically listed on the agenda. However, the Supreme Court ruled that the OTA gave sufficient notice of the actions it took on the six agenda items challenged by the residents.
The court also ruled that the announcement of OTA’s plans at the February 2022 meeting was for informational purposes only and not an action item which would have required advance notice on the meeting’s agenda. The ruling granted summary judgement to the OTA.
Conclusion
These developments represent significant changes in the legal landscape surrounding the OTA. The changes to the board appointment process aim to create a more balanced and transparent environment for decision-making within the OTA. Meanwhile, the Supreme Court ruling provides clarity on the requirements of the Open Meeting Act in relation to the OTA's operations. The Oklahoma Supreme Court is still deliberating on a request from the OTA for validation of the bonds for ACCESS Oklahoma. This validation is a prerequisite for selling bonds to finance the turnpike projects. In the meantime, the OTA has paused work on these projects as they await the Supreme Court's decision on bond validation.
As always, we will continue to monitor and report on legal developments affecting our state. Stay tuned for more updates.
Sources:
1. Lawmakers Override Veto to Split Power to Appoint OTA Board (https://kfor.com/news/lawmakers-override-veto-to-split-power-to-appoint-ota-board/)
2. Hirschfeld v. Oklahoma Turnpike Authority, 2023 OK 59 (https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=493780)
3. State Supreme Court Rules for OTA in Open Meetings Act Lawsuit (https://www.normantranscript.com/news/state-supreme-court-rules-for-ota-in-open-meeting-act-lawsuit/article_edb07d64-ffc7-11ed-a535-33a72da7578d.html)
*Please note that this blog post is intended to provide general information and does not constitute legal advice. If you are seeking legal representation or advice in any aspect of real estate law, don't hesitate to contact PLAINVIEW LEGAL GROUP PLLC today. Schedule a consultation with one of our experienced real estate attorneys by calling (405) 310-0183 or filling out our online contact form. We look forward to working with you to achieve your real estate goals.*