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TULSA INDUSTRIAL AUTHORITY v. CITY OF TULSA

No. 105,460.

270 P.3d 113 (2011)

2011 OK 57

TULSA INDUSTRIAL AUTHORITY, an Oklahoma Public Trust, Plaintiff/Appellee, v. CITY OF TULSA, Oklahoma, and Tulsa Hills, L.L.C., Defendants/Appellees. State of Oklahoma, ex rel. J. Clark Bundren, M.D., a resident taxpayer of the City of Tulsa, State of Oklahoma, Intervenor/Appellant.

Supreme Court of Oklahoma.

Rehearing Denied February 6, 2012.

Attorney(s) appearing for the Case

J. Douglas Mann , Jerry A. Richardson , Rosenstein, Fist & Ringold, Tulsa, Oklahoma, for Appellee Tulsa Industrial Authority.

Deidre O. Dexter , Patrick T. Bolden , Tulsa, OK, for Appellee City of Tulsa.

Lewis N. Carter , Michael S. Hall , Doerner, Saunders, Daniel & Anderson, L.L.P., Tulsa, OK, for Appellee Tulsa Hills, L.L.C.

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

EDMONDSON, J.

¶ 1 Two issues are presented in this appeal. The first is whether a taxpayer should have been allowed to intervene in a District Court proceeding that was brought to obtain a declaratory judgment stating that certain public expenditures and financing were lawful. A portion of this first issue involves whether a qui tam action may be brought on behalf of a public trust and against its officers. The second is whether this appeal is moot because...

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