KINGFISHER WIND, LLC v. WEHMULLER

No. 119,837.

521 P.3d 786 (2022)

2022 OK 83

KINGFISHER WIND, LLC, Plaintiff/Appellee, v. Matt WEHMULLER, Canadian County Assessor, and Carolyn Mulherin, Kingfisher County Assessor, Defendants/Appellants.

Supreme Court of Oklahoma.

Rehearing Denied December 2, 2022.


Attorney(s) appearing for the Case

William K. Elias , Jay Dobson , Brittany N. Dowd , Oklahoma City, Oklahoma, for Appellee.

Mart Tisdal , Luke Adams , Clinton, Oklahoma, Mike Fields , Canadian County District Attorney, El Reno, Oklahoma, Pat O'Hara , Patrick O'Hara, Jr.   W. Jason Hartwig , Oklahoma City, Oklahoma, for Appellants.

David A. Elder , Matthew W. Brockman , Katherine R. Colclazier , Oklahoma City, Oklahoma, for Amici Curiae, Arbuckle Mountain Wind Farm, L.L.C., et al.


¶1 We retained this cause to resolve the first impression question of whether Production Tax Credits (PTCs) utilized to finance the building of a wind farm are "property" which can be used to determine the fair cash value of the wind farm for ad valorem taxation purposes.

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