Judge sides with OTA on 'Pike Off' lawsuit jurisdiction

Mindy Ragan Wood, The Norman Transcript, Okla.
·3 min read

Dec. 14—A district judge has sided with the Oklahoma Turnpike Authority's request to have the state Supreme Court hear claims contained in a lawsuit.

In February, the agency announced a $5 billion ACCESS plan to expand the state's toll road network, which includes a new turnpike in the Lake Thunderbird Watershed and one along Indian Hills Road.

Opposition group, Pike Off OTA, filed the lawsuit in May challenging the agency's authority to construct those turnpikes. The group is alleging OTA violated the state's one-bond rule for all new toll roads.

OTA filed an application with the state's high court earlier this year to approve the use of bonds for ACCESS projects.

The agency argues the case should be dismissed because the state law invests sole jurisdiction of challenges to the agency's plans and the use of bonds in the Supreme Court.

Monday's ruling by Seminole County District Judge Timothy Olsen points to the OTA's application to the high court to approve the use of bonds — — which the lawsuit has challenged.

"It is correct that the Oklahoma Supreme Court has exclusive, original jurisdiction to hear the OTA's applications to approve bonds to be issued," the judge's order reads. "The Oklahoma Supreme Court has held that it is vested with exclusive, statutory original jurisdiction to hear and determine applications for bond approval."

Agency spokeswoman Brenda Perry Clark said the judge got it right.

"Judge Olsen's decision in the Pike Off case confirms OTA's legal position that the Oklahoma Supreme Court has the exclusive jurisdiction to decide whether the OTA can issue bonds to construct the ACCESS Oklahoma Program turnpike projects," she said.

Pike Off attorney Rob Norman alleged the agency should have built all of its proposed turnpikes in one bond, rather than several bonds for turnpikes built in phases over the years.

He also argued that all turnpike projects are approved by the legislature, but the lake turnpike is not clearly stated in the 1987 bill along with other projects.

The attorney argued both these points before the Oklahoma Supreme Court during a hearing justices held on Nov. 28 after OTA had filed its application for bond approval earlier this year.

Judge Olsen noted the arguments Norman made to the high court "are virtually the same" in the district course case placed before him.

"Obviously in approving the bonds this court must consider and pass on their validity," his order stated.

Pike Off responds

Pike Off spokesman Randy Carter said despite the ruling, the arguments of the case are strong and will be decided by the high court.

"Yes the judge did dismiss the Pike Off case in district court, but the case is still active, the arguments are still strong in front of the Oklahoma Supreme Court," he said Thursday. "Judge Olsen's ruling had nothing to do with the merits of the case — just where the case would be decided."

Rob Norman said he remained confident in his case.

"We remain confident and we will stay the course to preserve and protect the legal rights of all citizens concerned and impacted by the proposed turnpikes."