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F.D.I.C. v. LOWERY

Nos. 92-6333, 92-6336.

12 F.3d 995 (1993)

FEDERAL DEPOSIT INSURANCE CORPORATION, Plaintiff Appellant/Cross-Appellee, v. Carol LOWERY, Treasurer of Cleveland County, State of Oklahoma; The Board of County Commissioners of Cleveland County, State of Oklahoma; Denise Heavner, County Assessor of Cleveland County, Oklahoma, Defendants-Appellees/Cross-Appellants, Independent School District No. 29; Norman Public School, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

December 22, 1993.

Attorney(s) appearing for the Case

Edward J. O'Meara, Counsel, F.D.I.C., Washington, DC (Ann S. DuRoss, Asst. Gen. Counsel and Richard J. Osterman, Jr., Sr. Counsel, F.D.I.C., and Ricky V. Sonders, Edwards, Sonders & Propester, Oklahoma City, OK, with him on the briefs), for plaintiff-appellant/cross-appellee.

Tom A. Lucas, Office of the Dist. Atty., Norman, OK (Reginald D. Gaston, Asst. Dist. Atty., on the briefs), for defendants-appellees/cross-appellants.

Robert L. Pendarvis, Crowe & Dunlevy, Luttrell, Pendarvis & Rawlinson, Norman, OK, for amicus curiae.

Before MOORE, ANDERSON and TACHA, Circuit Judges.

MOORE, Circuit Judge.

These interlocutory appeals raise issues concerning the legal capacity of local authorities to enforce ad valorem taxes assessed against property owned by the Federal Deposit Insurance Corporation. We are also asked to consider whether there is a limitation on the FDIC's statutory right to obtain revaluation of the property.

The district court held under 12 U.S.C. § 1825(b) local authorities could not invoke state enforcement mechanisms...

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