State ex rel. Henricksen v. State ex rel. Corporation Commission

Summary

The Oklahoma Supreme Court affirmed dismissal of a taxpayer qui tam action challenging a settlement involving Southwestern Bell Telephone Company and the Oklahoma Corporation Commission. The court held that the qui tam statutes did not apply because no state money or property had been transferred, and that the action was also barred by the applicable two-year limitations period. The court further held that alleged fraudulent concealment concerning the settlement was intrinsic fraud within the exclusive jurisdiction of the Corporation Commission.

Holdings

1. The qui tam statutes did not apply because the settlement did not involve a transfer of state money or property.
2. The action was barred because the plaintiffs failed to make the required written demand within two years of the transfer of the property.
3. Treble damages could not be recovered independently because recovery of actual damages is a prerequisite to recovery of the statutory penalty.
4. The alleged fraud had to be raised before the Oklahoma Corporation Commission because it concerned representations made in proceedings within the Commission's exclusive jurisdiction.

Questions Presented

1. Whether the settlement involved a transfer of state money or property sufficient to invoke Oklahoma's qui tam statutes.
2. Whether the taxpayers' qui tam action was barred by the two-year limitations period in 62 O.S. Supp. 1994 § 374.
3. Whether the alleged fraudulent concealment had to be raised before the Oklahoma Corporation Commission rather than in a qui tam action.
4. Whether treble damages could be pursued when recovery of actual damages was unavailable.

Disposition

affirmed