Allison v. McCoy-Post

Summary

The Oklahoma Supreme Court affirmed the Cleveland County District Court's ruling that Referendum Petition 2425-1, concerning Norman's Rock Creek Entertainment District Project Plan and related tax increment financing districts, was legally insufficient. The Court held that the petition's gist inaccurately described the maximum public assistance and failed to explain that the tax increment districts would terminate upon the earliest of three specified events. Chief Justice Rowe dissented, concluding that the gist fairly summarized the governing documents and was not misleading.

Holdings

1. A referendum petition's gist is legally insufficient when material misstatements or omissions prevent a potential signatory from understanding the true nature of the ordinance and project.
2. Describing tax-increment districts as lasting a maximum of twenty-five years is insufficient when the governing ordinance provides that the districts terminate upon the earliest of three specified events.
3. The gist was legally insufficient because it inaccurately described the maximum amount of public financial assistance authorized for the project.

Questions Presented

1. Whether the gist of Referendum Petition 2425-1 was legally sufficient.
2. Whether the gist was misleading because it failed to identify that the tax-increment districts would terminate upon the earliest of three triggering events rather than simply lasting up to twenty-five years.
3. Whether the gist inaccurately described the maximum amount of public financial assistance authorized by Ordinance No. O-2425-2.

Disposition

affirmed