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FENT v. CONTINGENCY REVIEW BD.

No. 103,714.

163 P.3d 512 (2007)

2007 OK 27

Jerry R. FENT, as a resident taxpayer, citizen and voter of the State of Oklahoma, and all other similar persons, Petitioner, v. CONTINGENCY REVIEW BOARD, a State of Oklahoma Agency; Brad Henry, Governor of Oklahoma; Todd Hiett, Speaker of the House, and Mike Morgan, President Pro Tempore of the Senate, Respondents.

Supreme Court of Oklahoma.

May 1, 2007.

Attorney(s) appearing for the Case

Jerry R. Fent, Oklahoma City, Oklahoma, pro se.

Edwin Kessler, Norman, Oklahoma, pro se.1

Lynn C. Rogers and Scott Boughton, Assistant Attorneys General, Oklahoma City, Oklahoma, for Respondents Contingency Review Board, Governor Brad Henry and Speaker Todd Hiett.

Judith S. King, Oklahoma State Senate, and Lee Slater, Oklahoma City, Oklahoma, for Respondent President Pro Tempore Mike Morgan.2

OPALA, J.

¶ 1 The dispositive issues tendered by this original proceeding are: (1) Is the mandatory participation by the legislative members of the Contingency Review Board (CRB) in the process of approval of expenditures from appropriations to the Oklahoma Opportunity Fund3 (Opportunity Fund) an impermissible intrusion upon the executive branch's powers in violation of Art. 4, § 1, Okl. Const.?4...

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