NICHOLSON v. STITT

No. 119,270.

508 P.3d 442 (2022)

2022 OK 35

Jason NICHOLSON, Justin Hooper, Cael Burgess, Derek Hair, and others similarly situated, Plaintiffs/Appellants, v. Kevin STITT, in his official capacity as Governor; Steve Kunzweiler, in his official capacity as District Attorney of Tulsa County; Carol Iski, in her official capacity as District Attorney of McIntosh and Okmulgee Counties; Jack Thorp, in his official capacity, District Attorney of Wagoner County; Max Cook, in his official capacity, District Attorney of Creek and Okfuskee Counties; Orvil Loge, in his official capacity, District Attorney of Muskogee County; Paul Smith, in his official capacity, District Attorney of Hughes County; Matthew Ballard, in his official capacity, District Attorney of Mayes and Rogers Counties; The City of Beggs; The City of Bixby; The City of Boley; The City of Bristow; The City of Broken Arrow; The City of Catoosa; The Town of Checotah; The City of Coweta; The Town of Cromwell; The Town of Depew; The Town of Dewar; The City of Drumwright; The City of Eufaula; The City of Glenpool; The Town of Haskell; The City of Henryetta; The City of Holdenville; The Town of Inola; The City of Jenks; The Town of Kellyville; The Town of Kiefer; The City of Mannford; The City of Morris; The Town of Mounds; The City of Muskogee; The City of Oilton; The City of Okemah; The City of Okmulgee; The Town of Porter; The City of Sand Springs; The City of Sapulpa; The City of Tulsa; The City of Wagoner; The Town of Weleetka; The City of Wetumka; and The City of Wewoka. Defendants/Appellees, and The Town of Summit, Defendant.

Supreme Court of Oklahoma.

FILED April 19, 2022.


Attorney(s) appearing for the Case

John M. Dunn and Kevin D. Adams , Tulsa, Oklahoma, for Appellants.

Jacqueline R. Zamarripa and Randall J. Yates , Oklahoma Attorney General's Office, Oklahoma City, Oklahoma, for Appellees Kevin Stitt, Steve Kunzweiler, Carol Iski, Jack Thorp, Max Cook, Orvil Loge, Paul Smith, and Matthew Ballard.

Andrew W. Lester , Shannon F. Davies , Courtney D. Powell , Anthony J. Ferate , Spencer Fane LLP, Oklahoma City, Oklahoma, for Appellees City of Beggs, City of Bixby, Town of Boley, City of Bristow, City of Catoosa, City of Checotah, City of Coweta, Town of Cromwell, Town of Depew, Town of Dewar, City of Drumwright, City of Eufaula, City of Glenpool, Town of Haskell, City of Henryetta, City of Holdenville, Town of Inola, City of Jenks, Town of Kellyville, Town of Kiefer, Town of Mannford, City of Morris, Town of Mounds, City of Muskogee, Town of Oilton, City of Okemah, City of Okmulgee, Town of Porter, City of Sand Springs, City of Sapulpa, City of Wagoner, City of Weleetka, City of Wetumka, and City of Wewoka.

Gerald L. Bender and R. Lawson Vaughn , City of Tulsa, Tulsa, Oklahoma, for Appellee City of Tulsa.

John J. Bowling and Alexander J. Sisemore , City of Broken Arrow, Broken Arrow, Oklahoma, for Appellee City of Broken Arrow.


¶1 On July 9, 2020, the United States Supreme Court handed down its decision in McGirt v. Oklahoma, ___ U.S. ___, 140 S.Ct. 2452, 207 L.Ed.2d 985 (2020). The United States Supreme Court determined that Congress never disestablished the Creek Reservation in eastern Oklahoma and, therefore, it is "Indian country" for purposes...

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