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BURKHARDT v. CITY OF ENID

No. 70197.

771 P.2d 608 (1989)

Ted BURKHARDT, Cathy Burkhardt, and Richard Poindexter, Appellants, v. The CITY OF ENID, Appellee, and Phillips University, Inc., Intervenor-Appellee.

Supreme Court of Oklahoma.

March 21, 1989.

Attorney(s) appearing for the Case

James A. Williamson, Tulsa, for appellants.

Bryce S. Kennedy, City Atty. and Carol Hambrick, Enid, for appellee.

Jones, Bryant & Nigh by Stephen Jones and Craig Bryant, Enid, for intervenor-appellee.

Diane Pedicord and Sue Ann Nicely, Oklahoma City, for amicus curiae, Oklahoma Municipal League.

Michael R. Vanderburg, City Atty., Broken Arrow, for amicus curiae, City of Broken Arrow.

HODGES, Justice.

This appeal challenges an ordinance establishing a voter-approved sales tax to fund the City of Enid's purchase of the Phillips University campus. Five issues are presented: (1) Is the ordinance an expenditure of public funds for a private purpose in violation of article 10, section 14 of the Oklahoma Constitution? (2) Does the ordinance violate article 10, section 17, of the Oklahoma Constitution which prohibits...

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