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MUSTAIN v. GRAND RIVER DAM AUTHORITY

No. 96,056.

68 P.3d 991 (2003)

2003 OK 43

Robin MUSTAIN, Plaintiff/Appellant, v. GRAND RIVER DAM AUTHORITY and David Harris Grandin, Defendant/Appellees.

Supreme Court of Oklahoma.

As Corrected April 23, 2003.

As Corrected May 7, 2003.

Attorney(s) appearing for the Case

Robert Bell, Norman, and James T. Thompson, Edleman & Thompson, Kansas City, MO, for appellant.

Robert A. Franden, Jody R. Nathan, Feldman, Franden, Woodard Farris & Boudreaux, Tulsa, and Allen B. Pease, General Counsel, Grand River Dam Authority, Vinita, for appellees.1

OPALA, V.C.J.

¶ 1 The certiorari quest presses for our decision two questions: (1) Does the Grand River Dam Authority's collection of commercial-and private-dock permit fees and miscellaneous rents constitute "commercial activity" which would except it from the immunity otherwise extended by the Recreational Land Use Act? (2) Does the Governmental Tort Claims Act's protection extend to the Grand River Dam Authority? We answer the first question in the negative...

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