INDEPENDENT SCH. DIST., ETC. v. OKLAHOMA, ETC.

No. 55313.

646 P.2d 1276 (1982)

INDEPENDENT SCHOOL DISTRICT # 52 OF OKLAHOMA COUNTY, Oklahoma; Independent School District # 12 of Oklahoma County, Oklahoma; Independent School District # 41 of Oklahoma County, Oklahoma, Appellants, v. OKLAHOMA INDUSTRIES AUTHORITY, a Public Trust; and Edward L. Gaylord, Dean A. McGee, Edward C. Joullian III, Donald S. Kennedy, Charles A. Vose, Stanton L. Young, John R. Parsons, and Wilfred A. Clarke, as Trustees of the Oklahoma Industries Authority, Plaintiffs in the Trial Court, and Joe Barnes, County Treasurer of Oklahoma County, Oklahoma; and Board of County Commissioners of Oklahoma County, Oklahoma, Defendants in the Trial Court, Appellees.

Supreme Court of Oklahoma.

June 1, 1982.


Attorney(s) appearing for the Case

Lana Jeanne Tyree, Oklahoma City, for appellants.

Peter T. Van Dyke and David E. Nichols, Lytle, Soule, Curlee, Harrington, Chandler & Van Dyke, Oklahoma City, for appellees.


DOOLIN, Justice:

The issue for resolution is simply stated: do appellants (school districts) have the right to intervene as necessary and indispensable parties under either 60 O.S. 1971, § 175.23(C) or 12 O.S. 1971, § 236? Trial court ruled they did not and dismissed their application. They filed a timely appeal.

The Oklahoma Industries Authority (OIA) is a public trust created pursuant to provisions of 60 O.S. 1971, § 176 et seq. One function...

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