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CITY OF TAHLEQUAH v. LAKE REGION ELEC.

No. 95,563.

47 P.3d 467 (2002)

2002 OK 2

CITY OF TAHLEQUAH, Oklahoma, Plaintiff/Appellee, v. LAKE REGION ELECTRIC, COOPERATIVE, INC., Defendant/Appellant, and United States of America, ex rel. Rural Electrification Administration, Defendant.

Supreme Court of Oklahoma.

January 15, 2002.

Attorney(s) appearing for the Case

Lloyd E. Cole, Jr., Stilwell, OK, for the plaintiff/appellee.

Patrick D. Shore of Derryberry, Quigley, Solomon & Naifeh, Oklahoma City, OK and Nathan H. Young, III, of Nathan H. Young, III, P.C., Tahlequah, OK, for the defendant/appellant.

Susan Stidham Brandon, Muskogee, OK, for the defendant/United States of America, ex rel. Rural Electrification Administration.

LAVENDER, J.

¶ 1 Pursuant to the Uniform Certification of Questions of Law Act, 20 O.S.1991 §§ 1601 et seq., the United States Court of Appeals for the Tenth Circuit certified the following question:

Senate Bill 888 [11 O.S.1998 § 21-222] declares a "prospective and retroactive" moratorium on certain municipal condemnations of facilities of rural electric cooperatives and electric utilities. The...

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