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McWILLIAMS v. BD. OF COUNTY COM'RS

No. 107,932.

268 P.3d 79 (2011)

2011 OK 103

Paul McWILLIAMS, Appellant, v. BOARD OF COUNTY COMMISSIONERS OF the County of COMANCHE, a Political Subdivision of the State of Oklahoma, Appellee.

Supreme Court of Oklahoma.

December 20, 2011.

Attorney(s) appearing for the Case

David L. Thomas , Thomas & Terrell, PLLC, Oklahoma City, and Jerry L. Breathwit , Oklahoma City, Oklahoma for Appellant.

Michael R. Chaffin , Frailey, Chaffin, Cordell, Perryman, Sterkel & McCalla, LLP, Chickasha, Oklahoma for Appellee.

COLBERT, V.C.J.

¶ 1 The issue presented on certiorari review is whether a governmental subdivision is equitably estopped from denying liability where it, having previously entered into an undisclosed oral contractual agreement regarding the maintenance of the county-line road, failed to advise the plaintiff that another county, not it, bore responsibility for the road maintenance at some point prior to the expiration of the limitations period. Based on the evidence...

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