Summary
The Oklahoma Supreme Court granted original jurisdiction over Edward Shadid’s challenge to an Oklahoma City ordinance imposing a temporary one-percent excise tax subject to voter approval. The court held that the ordinance did not violate the single-subject requirements of the Oklahoma Constitution, state law, or the Oklahoma City Charter, and denied declaratory and injunctive relief.
Holdings
- The Supreme Court assumed original jurisdiction because the challenge presented a matter of public interest and an urgent need for resolution before the scheduled special election.
- The proposed ordinance did not violate the single-subject requirements of the Oklahoma Constitution, state statute, or the Oklahoma City Charter because its provisions were germane to the one-percent excise tax and its title clearly expressed the ordinance's subject.
Questions Presented
- Whether the Oklahoma Supreme Court should assume original jurisdiction over the challenge to the proposed ordinance.
- Whether Oklahoma City Ordinance No. 26,255 violated the single-subject requirements of article 5, section 57 of the Oklahoma Constitution, title 11, section 14-104 of the Oklahoma Statutes, or article II, section 25 of the Oklahoma City Charter.
- Whether the proposed ordinance was unconstitutional because the City Council's separate Resolution of Intent identified numerous potentially funded projects.
Disposition
other
Cases Cited (7)
- Fent v. Contingency Review Bd., 2007 OK 27, 163 P.3d 512(followed)
- State ex rel. Oklahoma Bar Ass'n v. Mothershed, 2011 OK 84, 264 P.3d 1197(followed)
- Keating v. Johnson, 1996 OK 61, 918 P.2d 51(followed)
- Fent v. State ex rel. Oklahoma Capitol Improvement Authority, 2009 OK 15, 214 P.3d 799(followed)
- Fent v. Oklahoma Capitol Improvement Authority, 1999 OK 64, 984 P.2d 200(followed)
- Chastain v. Oklahoma City, 1953 OK 166, 258 P.2d 635(followed)
- OCPA Impact, Inc. v. Sheehan, 2016 OK 84, 377 P.3d 138(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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