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CITY OF BROKEN ARROW v. BASS PRO OUTDOOR

No. 104,015.

250 P.3d 305 (2011)

2011 OK 1

CITY OF BROKEN ARROW, Oklahoma, a Municipal Corporation, Plaintiff/Appellee, v. BASS PRO OUTDOOR WORLD, L.L.C.; Phil Roland; Roland Investments, Ltd.; Stone Wood Hills BP, L.L.C.; and Bank of America, N.A., Defendants/Appellees, and State of Oklahoma, ex rel. Karen Franklin, a resident taxpayer of the City of Broken Arrow, State of Oklahoma, Intervenor Defendant, Counterclaimant, and Cross-Petitioner/Appellant, v. Bass Pro Outdoor World, L.L.C.; Phil Roland; Roland Investments, Ltd.; Stone Wood Hills BP, L.L.C.; Bank of America, N.A., and City of Broken Arrow, Oklahoma, a municipal corporation, Third-Party Defendants/Appellees.

Supreme Court of Oklahoma.

As Corrected January 19, 2011.

Rehearing Denied April 11, 2011.

Attorney(s) appearing for the Case

Terry Guy Shipley , Norman, OK, and Larry R. Steidley, Jr. , Claremore, OK, for Appellant.

Beth Anne Wilkening and R. Haydon Downie , Broken Arrow, OK, for City of Broken Arrow.

Bob L. Latham, Jr. , Lance Freije , Laura E. Samuelson , and Allison L. Thompson of Latham, Wagner, Steele & Lehman, P.C., Tulsa, OK, for Appellee Bass Pro Outdoor World, L.L.C.

Joe E. Edwards of Day, Edwards, Propester & Christensen, P.C., Oklahoma City, OK, for Appellee Bank of America, N.A.

Lawrence D. Taylor , Tulsa, OK for Appellees Phil Roland, Roland Investments, Stone Wood Hills BP, L.L.C.

EDMONDSON, J.

¶ 1 This case involves an attempt by a qui tam taxpayer to intervene in a declaratory judgment action which was brought by officials in response to the qui tam demand and notice. The taxpayer challenged the City's expenditure of funds for an economic development project which involved construction and location of a sporting goods store, Bass Pro, in the City of Broken Arrow. The construction had been completed and Bass Pro operating...

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