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STATE EX REL. SCHONES v. TOWN OF CANUTE

No. 74939.

858 P.2d 436 (1993)

STATE of Oklahoma, ex rel. Lewis SCHONES, Jewel Schones, and Marie I. Kupka, Appellants, v. TOWN OF CANUTE, Norma Warnke, Ronald Warnke, Neil J. Barton, June Walters, Jerome Warnke, Melvin Hutson, Ron Hutson, Darrell Wilson, Christine Smith, Cecil Burks, Craig Mahl, J. Robert Fraser, Lorena Cooper, David Skaggs, J.B. Vantrees, Paul Little, Terry Jordan, and Wayne Walters, Appellees.

Supreme Court of Oklahoma.

Rehearing Denied September 22, 1993.

Attorney(s) appearing for the Case

Thomas Neil Lynn III, Steven W. Gingras, Oklahoma City, for appellants.

Ted N. Pool, Sherry Blankenship, Pool, Thompson, Coldiron, Blankenship & Vincent, Oklahoma City, for appellees.

HARGRAVE, Justice.

We granted certiorari to determine whether resident taxpayer's suit to recover the penalty provided in 62 O.S. § 372 is barred by the one-year statute of limitations of 12 O.S. 1981 § 95(4).1 The trial court dismissed the action, presumably finding that the statute of limitations barred suit. The Court of Appeals reversed, relying on State ex rel. Board of County Commissioners v. Shelton,

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