RURAL WATER AND SEWER v. COPPAGE

No. 96,679.

47 P.3d 872 (2002)

2002 OK 44

RURAL WATER AND SEWER DISTRICT NO. 4, a Non-profit Corporation, Appellant, v. Wayne COPPAGE, an individual, City of Coweta, a Municipal Corporation and Wagoner County Board of County Commissioners, Appellees.

Supreme Court of Oklahoma.

May 21, 2002.


Attorney(s) appearing for the Case

Marjorie L. McCullough, White, Coffey, Galt & Fite, P.C., Oklahoma City, Oklahoma, for appellant.

H. Duane Riffe, Broken Arrow, Oklahoma, for appellant.

Ted L. Moore, Broken Arrow, Oklahoma, for appellee, Wayne Coppage.

David L. Weatherford, Birmingham, Morley, Weatherford & Priore, P.A., Tulsa, Oklahoma, for appellee, City of Coweta.

Jerry S. Moore, Assistant District Attorney, Tahlequah, Oklahoma, for appellee, Wagoner County Board of County Commissioners.

Diane Pedicord, Sue Ann Nicely, Oklahoma City, Oklahoma, for Amicus Curiae Oklahoma Municipal League.

Jay M. Galt, White, Coffey, Galt & Fite, P.C., Oklahoma City, Oklahoma, for Amicus Curiae Oklahoma Rural Water Association.


HODGES, J.

¶ 1 This appeal raises essentially two issues: 1) Did the trial court err in finding that the Board of County Commissioners of Wagoner County met the requirements of title 82, section 1324.21, of the Oklahoma Statutes when it released and separated a tract of land from Rural Water and Sewer District No. 4? 2) Does the collateral protection provision found in title 82, section 1085.36, limit the County Commissioners' authority to release and separate...

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