IN THE MATTER OF THE APPLICATION OF THE OKLAHOMA DEPARTMENT OF TRANSPORTATION

Annotate this Case

IN THE MATTER OF THE APPLICATION OF THE OKLAHOMA DEPARTMENT OF TRANSPORTATION
2005 OK 37
114 P.3d 454
Case Number: 101984
Decided: 05/23/2005

THE SUPREME COURT OF THE STATE OF OKLAHOMA

IN THE MATTER OF THE APPLICATION OF THE OKLAHOMA DEPARTMENT OF TRANSPORTATION FOR APPROVAL OF NOT TO EXCEED $50 MILLION OKLAHOMA DEPARTMENT OF TRANSPORTATION GRANT ANTICIPATION NOTES, SERIES 2005

ORDER

¶1 On consideration of the petitioner's, Oklahoma Department of Transportation's (ODOT), application for approval of Oklahoma Department of Transportation Grant Anticipation Notes, Series 5000, the respondent's, Jerry R. Fent (Fent), motion for oral argument, motion for dismissal and response in opposition to the petition along briefs and appendices filed by ODOT, Fent and respondent, Edwin Kessler (Kessler), THE COURT DETERMINES:

1) The issue of whether the bond application creates a prohibited debt in violation of the Okla. Const., art. 10, §§23, 24 and 25, is governed by our pronouncement in Matter of Application of Oklahoma Dept. of Transportation, 2003 OK 1005, ¶0,

2) The motion to dismiss for failure of due process in the publication notice alleges only a clerical or typographical error which would not render the notice misleading King v. Slepka,

3) The issue of whether the purchase of insurance creates an unconstitutional debt obligation was considered in Fent v. Oklahoma Capitol Improvement Author.,

4) The application should be approved.

5) The motions to dismiss and for oral argument should be denied.

¶2 IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the application of the Oklahoma Department of Transpor6tation for Approval of not to exceed $50 million Oklahoma Grant Anticipation Notes, Series 2005, is approved. The motions to dismiss and for oral argument are denied.

¶3 DONE BY ORDER OF THE SUPREME COURT IN CONFERENCE THIS 23rd DAY OF MAY, 2005.

/S/CHIEF JUSTICE