TULSA COUNTY v. BOARD OF CTY. COM'RS

Nos. 90930, 90935.

959 P.2d 979 (1998)

1988 OK 44

TULSA COUNTY DEPUTY SHERIFF'S FRATERNAL ORDER OF POLICE, LODGE NUMBER 188, Myra Kay Eberle, Tommy M. Fike, Laura McIntire, Russell Frank Porter, John Edward Schonholtz and Debbie Ann Walters, Appellants/Counter Appellees, v. BOARD OF COUNTY COMMISSIONERS OF TULSA COUNTY and Tulsa County Criminal Justice Authority, Appellees/Counter Appellants.

Supreme Court of Oklahoma.

Rehearing Denied June 30, 1998.


Attorney(s) appearing for the Case

James Thomas, Tulsa, Oklahoma, For Appellants/Counter Appellees, Tulsa County Deputy Sheriff's Fraternal Order of Police, Lodge Number 188.

Thomas D. Frasier, Steven Hickman, Frasier, Frasier & Hickman, Tulsa, Oklahoma, For Appellants/Counter Appellees, Tulsa County Deputy Sheriff's Fraternal Order of Police, Lodge Number 188.

Michael H. Thompson, Oklahoma City, Oklahoma, For Appellants/Counter Appellees.

C.S. Lewis, III, Gretchen M. Schilling, Riggs, Abney, Neal, Turpen, Orbison & Lewis, Tulsa, Oklahoma, For Appellees/Counter Appellants, Tulsa County Criminal Justice Authority.

Dick A. Blakeley, William D. Lafortune District Attorney, Tulsa, Oklahoma, For Appellees/Counter Appellants, Board of County Commissioners of Tulsa County. Frederick S. Esser, Washington County District Attorney, Bartlesville, Oklahoma, For Amicus Curiae, Stanley Glanz, Sheriff of Tulsa County.

Reuben Davis, Frederic N. Schneider, III, Mary L. Lohrke, Boone, Smith Davis Hurst & Dickman, Tulsa, Oklahoma, For Amicus Curiae, The Oklahoma Sheriff's Association.


HODGES, Justice.

¶ 1 This appeal from summary judgment raises two issues. First, was the Tulsa County Criminal Justice Authority created under the proper statutes? Second, are the delegations by which a private entity will be authorized to maintain and operate the city-county jail system unconstitutional? The Tulsa County Criminal Justice Authority was created under the proper statute. As to the second issue, this Court will not address the delegation issues...

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