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STATE EX REL. FENT v. WATER RESOURCES BD.

No. 96,276.

66 P.3d 432 (2003)

2003 OK 29

STATE of Oklahoma ex rel. Margaret B. FENT and Jerry R. Fent, as State of Oklahoma resident taxpayers, Plaintiffs/Appellants, v. STATE of Oklahoma ex rel. OKLAHOMA WATER RESOURCES BOARD; State of Oklahoma ex rel. Water Conservation Storage Commission; and J. Ross Kirtley, Richard McDonald, Dick Seybolt, Lonnie Farmer, Grady Grandstaff, Ervin Mitchell, Bill Secrest, Richard Sevenoaks, and Wendell E. Thomasson, as individuals and as members of the Oklahoma Water Resources Board and the Water Conservation Storage Commission; and The United States of America ex rel. Department of Defense, Department of The Army and its Corps of Engineers, Defendants/Appellees.

Supreme Court of Oklahoma.

March 18, 2003.

Attorney(s) appearing for the Case

William A. Pipkin, Moore, OK, for Plaintiffs/Appellants.

Andrew Tevington and E. Clyde Kirk, Assistant Attorneys General, Oklahoma City, OK, for Defendants/Appellees.

OPALA, V.C.J.

¶ 1 The dispositive issue in this taxpayers' qui tam1 action is whether summary judgment was correctly given to defendants. We answer this question in the affirmative. Although like the Court of Civil Appeals, we affirm the trial court's ruling, we disagree with the appellate court's decision to resolve the critical issue on constitutional grounds when legal relief is available on an alternative, non-constitutional...

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