Attorney Stan Ward, who now represents 245 residents in an open meeting act lawsuit against the Oklahoma Turnpike Authority, filed a request with the Oklahoma Supreme Court to deny the agency a hearing, but the high court disagreed.
OTA has filed an application to validate the use of $5 billion in bond money to fund a statewide expansion of toll roads.
The 15-year plan will see the construction of two new turnpikes — one from Interstate 40 south through the Lake Thunderbird Watershed in east Norman to Purcell, and the other along Indian Hills Road.
Before the agency can sell bonds, it will ask the Oklahoma Supreme Court to validate the use of the debt.
Ward and his associate Richard Labarthe filed a request Thursday with the high court that it not hear the bond matter until their lawsuit in Cleveland County District Court is resolved.
However by late Friday, OTA spokeswoman Brenda Perry Clark said it was the agency’s understanding that the court struck down the request.
That was news to Labarthe who said the “lightning speed” decision was a shock.
“Certainly thought it was perfectly appropriate and reasonable to alert the supreme court to the fact there are these other actions pending,” Labarthe said. “That is lightning fast. I’ve never seen that.”
The Transcript was unable to obtain a copy of the order striking down the request by press time Friday.
The lawsuit accuses OTA of insufficiently stating its plan on the agency’s January and February meeting agendas and further alleges the omission was a willful violation of the law.
A second lawsuit, filed by Pike Off OTA, an opposition organization, accuses the agency of not following proper bond procedure, and that the east Norman turnpike is not listed among others in a 1987 bill that authorized other projects.
If Judge Timothy Olsen agrees with Ward, it would mean OTA’s plan is considered invalid and the agency must start over, Ward has said.
“It seems to only have applicability with the validity of the bond issue itself, and while that could give OTA a good argument with respect to the Pike Off case, it shouldn’t allow them to take over our case,” Labarthe said early Friday. “Our case is really seeking to compel a do-over and make them start correctly. It would give full and fair opportunity for disclosure, public analysis and comment. At the end of the day, our lawsuit is quite narrow in scope and Stan and I feel like that should take off the plate for … the supreme court.”
Ward and Labarthe pleaded with the court in their brief tthat another entity has withheld its approval to allow OTA to issue bonds for the project.
During the Council of Bond Oversight’s August meeting, the council gave conditional approval for the issuance of bonds only if OTA prevails in the open meeting act lawsuit.
Both the lawsuits and the council’s decision were reasons to not consider the application and the reason the agency “rushed” to have the court hear it, their statement to the court reads.
“Despite the [council’s] express conditioning of its bond approval on the resolution of the Case and the Pike Off OTA Case, it is these two cases which are the impetus for the OTA’s swift move to file the instant application and petition,” the court record reads. “Simply put, it seems clear that the OTA and other defendants do not want the District Court to hear the evidence of their blatant Open Meeting Act violations that render the OTA’s willful action invalid.”
Hearings have been set in the district court lawsuit. Court records indicate that discovery must be completed by October 28.
Motions will be heard by Nov. 21, with a trial date set for Dec. 12-13.
To have a trial before the end of the year is considered expedited, Labarthe said.
High court strikes down attorney’s challenge to bond hearing | News & Latest News Update
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High court strikes down attorney’s challenge to bond hearing | News & More News Today
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