Oklahoma Supreme Court dismisses effort for ACCESS Oklahoma injunction

Steve Lackmeyer, Oklahoman
·3 min read
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Members of Pike Off OTA, a group opposed to portions of the ACCESS turnpike expansion, hold signs as they protest Tuesday, Aug. 30, 2022, outside a fundraiser for Gov. Kevin Stitt at the Association of Oklahoma General Contractors.
Members of Pike Off OTA, a group opposed to portions of the ACCESS turnpike expansion, hold signs as they protest Tuesday, Aug. 30, 2022, outside a fundraiser for Gov. Kevin Stitt at the Association of Oklahoma General Contractors.

The Oklahoma Supreme Court on Tuesday issued its first opinion in the ongoing battle by Norman-area residents wanting to stop construction of new toll roads as part of the Oklahoma Turnpike Authority’s proposed ACCESS Oklahoma expansion.

Opponents represented by attorney Rob Norman sought an injunction in district court to stop ACCESS Oklahoma, arguing the turnpike authority’s plans exceeded routes authorized by lawmakers in 1987. District Judge Timothy Olsen sided with the Oklahoma Turnpike Authority saying the dispute needed to be heard as part of bond validation sought at the Oklahoma Supreme Court.

The court upheld Olsen’s ruling but did not decide whether to validate the requested bonds. Norman said Tuesday he remains optimistic as to the final outcome of challenges to ACCESS Oklahoma.

More: Stitt vetoes bill that would reduce his influence on Oklahoma Turnpike Authority

“It doesn’t cause me any particular concern,” Norman said. “It's a procedural ruling, not a ruling on the merits, as the opinion made clear.”

The turnpike authority released a statement agreeing with Norman, saying the decision does not change the uncertainty surrounding when it might be able to sell bonds and that ACCESS Oklahoma remains on hold.

What is ACCESS Oklahoma?

The Oklahoma Turnpike Authority unveiled the $5 billion, 15-year ACCESS Oklahoma plan that includes new access points and widening on existing turnpikes and new turnpikes in and around Norman. The turnpike authority can’t start construction without getting Oklahoma Supreme Court validation of the planned bond sales.

What turnpike expansion work is underway?

Engineering and site acquisition were halted by the Oklahoma Turnpike Authority on April 11. Transportation Secretary Tim Gatz said the work was being halted due to concerns about accessing the bond market during ongoing legal challenges.

OK_tolls_contested
OK_tolls_contested

Why is ACCESS Oklahoma controversial?

At the heart of the contested toll roads is an effort by the turnpike authority to create a “reliever” toll road to address traffic jams along southbound Interstate 35 between Oklahoma City and Norman. The Oklahoman, however, found engineers used traffic projections that excluded the impact of rebuilt junctions along I-35 at Interstate 240 and Indian Hills Road. Hundreds of residents face forced displacement to make way for the toll roads.

Oklahoma Turnpike Authority Board Chair Gene Love, right, talks Tuesday, Jan. 3, 2023, with Tim Gatz, state transportation secretary, during a meeting of the Oklahoma Turnpike Authority at the Oklahoma Department of Transportation building.
Oklahoma Turnpike Authority Board Chair Gene Love, right, talks Tuesday, Jan. 3, 2023, with Tim Gatz, state transportation secretary, during a meeting of the Oklahoma Turnpike Authority at the Oklahoma Department of Transportation building.

What are the legal challenges to ACCESS Oklahoma?

The first lawsuit filed by homeowners, represented by attorney Rob Norman, alleges that much of the south extension turnpike that would connect to I-35 in Purcell is not among 35 corridors approved by lawmakers in 1987. Lawmakers killed an effort by the turnpike authority to do such an extension when it was proposed in 1999.

District Judge Timothy Olsen in December ruled the turnpike authority willfully violated the Open Meetings Act when it did not release ACCESS Oklahoma details before it was presented to the turnpike board of commissioners. The turnpike authority also acquired a list of potential web addresses to block them from being used by opponents.

Attorney Richard Labarthe filed a taxpayer lawsuit, also known as a qui tam action, alleging the turnpike authority illegally continued paying engineers and consultants after Olsen ruled the approvals of that work were invalidated when the agency violated the open meetings act.

Oklahoma Attorney General Gentner Drummond addresses Oklahomans for Responsible Transportation meeting Monday, March 27, 2023, at the Oklahoma Capitol.
Oklahoma Attorney General Gentner Drummond addresses Oklahomans for Responsible Transportation meeting Monday, March 27, 2023, at the Oklahoma Capitol.

What are the political challenges to the turnpike authority and ACCESS Oklahoma?

Several bills were filed by lawmakers seeking to curtail turnpike authority operations, but only one was sent to Gov. Kevin Stitt. He vetoed a bill that would have ended his sole authority over making board appointments.

More: Emails show Oklahoma Turnpike Authority bought domain names opposing $5 billion expansion plan

Citing concerns about the impact to protected species in the area, sound and light pollution, the U.S. Bureau of Reclamation in January denied an application along the route of the south extension because the project did not meet the land’s intended purposes.

Oklahoma Attorney General Gentner Drummond, meanwhile, cited questions of “legal misconduct” by the turnpike authority and asked state Auditor Cindy Byrd to launch an investigative audit into the agency, the first in its history.

This article originally appeared on Oklahoman: Oklahoma Supreme Court weighs in on OTA, ACCESS Oklahoma first case