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IN RE DE-ANNEXATION OF CERTAIN REAL PROPERTY

No. 98,038.

102 P.3d 120 (2004)

2004 OK 60

In re DE-ANNEXATION OF CERTAIN REAL PROPERTY FROM THE CITY OF SEMINOLE, A Municipal Corporation, Kinslow Round-Up Inc., an Oklahoma Corporation; Jack C. and Bonnie M. Humphreys Trust No. 1; 8:32, Inc., a Non-profit Corporation; D. Kircher Investments, L.L.C.; The CFS Insurance and Securities Money Purchase Plan and Trust; Gary and Linda Bloomer, HWJT's; Modern Oil Co., Inc.; Bobby J. Williams and Mary E. Williams Living Trust; Joe K. and Alyce Ellis, HWJT's; Billy G. Clark; Hazel Reynolds; Jim and Robin Norris (Landlord) Julia Bellini and Leslie Hinds (Tenants); Eugene and Francis Warrensberg; and Sue Jarvis, Petitioners/Plaintiffs/Appellants, v. The City of Seminole, a Municipal Corporation, Respondent/Defendant/Appellee, and State of Oklahoma, ex rel., Oklahoma Tax Commission, Additional Defendant.

Supreme Court of Oklahoma.

Rehearing Denied November 15, 2004.

Attorney(s) appearing for the Case

Michael J. Novotny, Hartzog, Conger, Cason & Neville, Oklahoma City, OK, for Appellants.

Ed Cadenhead, Elsener & Cadenhead, Seminole, OK, and Reggie N. Whitten, Jason E. Roselius, Philip W. Anderson, Whitten, McGuire, Wood, Terry, Roselius & Dittrich, Oklahoma City, OK, for Appellee.

Harlan Hentges, Mulinix, Ogden, Hall, Andrews & Ludlam, Oklahoma City, OK, for Amicus Curiae — Oklahoma Agricultural Legal Foundation.1

OPALA, V.C.J.

¶ 1 The dispositive issue tendered on certiorari is whether summary relief for the City was erroneously entered. We answer in the affirmative.

I

THE ANATOMY OF LITIGATION

Ordinance 917

¶ 2 On 6 December 1999 the City of Seminole (City) enacted Ordinance No. 917, whose terms annexed certain territory to its corporate limits. The territory consisted of several...

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