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TOCH, LLC v. CITY OF TULSA

CASE NO. 119,662 Companion to Case No. 119,831.

532 P.3d 28 (2023)

2023 OK 69

TOCH, LLC, an Oklahoma limited liability Company, Plaintiff/Appellant, v. CITY OF TULSA, an incorporated municipality, Defendant/Appellee, and Tulsa Hotel Partners, LLC, an Oklahoma limited liability company, Intervenor/Appellee.

Supreme Court of Oklahoma.

Filed June 13, 2023.

Attorney(s) appearing for the Case

Lee I. Levinson and Evan M. McLemore ; Levinson, Smith & Huffman, P.C., Tulsa, Oklahoma, for Plaintiff/Appellant, TOCH, LLC.

R. Lawson Vaughn , Asst. City Attorney, Tulsa, Oklahoma, for Defendant/Appellee, City of Tulsa.

Jared M. Burden ; Frederic Dorwart , Lawyers PLLC, Tulsa, Oklahoma for Intervenor/Appellee, Tulsa Hotel Partners, LLC.

¶ 1 We decide two issues in this appeal, (1) whether a trial court may decide a disputed material fact on summary judgment, and (2) whether TOCH waived the right to assert constitutional arguments in this current appeal following the findings of the prior appeal in this litigation, TOCH, LLC v. City of Tulsa (TOCH I), 2020...

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