PUBLIC SERV. CO. v. NORTHWEST ROGERS COUNTY

No. 58432.

675 P.2d 134 (1983)

PUBLIC SERVICE COMPANY OF OKLAHOMA, an Oklahoma corporation, Plaintiff-appellee and Counter-appellant, v. NORTHWEST ROGERS COUNTY FIRE PROTECTION DISTRICT: Jimmie L. Hicks, Merle Moree and Priscilla Worden, in their official capacity as Directors of Northwest Rogers County Fire Protection District; and Loy C. Boyd, in his official capacity as County Treasurer of Rogers County, Defendants-appellants and Counter-appellees.

Supreme Court of Oklahoma.

As Corrected on Petition for Rehearing January 10, 1984.


Attorney(s) appearing for the Case

Jack E. Gordon, Gordon & Gordon, Claremore, for defendants-appellants and counter-appellees.

William C. Anderson, Lewis N. Carter, Sven Erik Holmes, Doerner, Stuart, Saunders, Daniel & Anderson, Tulsa, for plaintiff-appellee and counter-appellant.


OPALA, Justice:

The judgment under review summarily pronounces (a) in favor of the plaintiff on its second alternative plea asserting that the fire protection district act [Act]1 embodies an impermissible method for levying assessments and (b) adversely to the plaintiff on its first theory of relief that is based on the facial invalidity of the Act. The issue presented by defendants-appellants...

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