Legal Opinion

Oklahoma Electric Cooperative, Inc. v. Oklahoma Gas & Electric Co.

Supreme Court of Oklahoma

Decided April 27, 1999No. 90,985PublishedCited by 19 opinions

1Opinion of the CourtHodges, J.

I. ISSUE

¶ 1 The issue in this case is whether a public electric utility company which is using city streets to sell and distribute utility services to city residents must obtain a voter-approved franchise.1 Because voter approval is required by article 18, section 5(a) of the Oklahoma Constitution and this requirement cannot be overridden by the Legislature, we answer in the affirmative.

*514II. FACTS

¶ 2 The parties, Oklahoma Electric Cooperative (OEC) and Oklahoma Gas and Electric Company (OG&E) stipulated to the facts. In 1937, the McClain County Commissioners granted OEC’s predecessor…

2Cases cited14 opinions

  1. City of Sapulpa v. LandSupreme Court of Oklahoma · 1924
  2. Draper v. StateSupreme Court of Oklahoma · 1980
  3. Minie v. HudsonSupreme Court of Oklahoma · 1997
  4. Oklahoma City v. ShieldsSupreme Court of Oklahoma · 1908
  5. McPhee & McGinnity Co. v. Union Pac. R.Court of Appeals for the Eighth Circuit · 1907

9 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. INDEPENDENT SCHOOL DISTRICT 52 v. HOFMEISTERSupreme Court of Oklahoma · 2020
  2. EOG Resources Marketing, Inc. v. Oklahoma State Board of EqualizationSupreme Court of Oklahoma · 2008
  3. Rural Water Sewer & Solid Waste Management, District No. 1, Logan County v. City of GuthrieSupreme Court of Oklahoma · 2010
  4. South Tulsa Citizens Coalition, L.L.C. v. Arkansas River Bridge AuthoritySupreme Court of Oklahoma · 2008
  5. Wilson v. FallinSupreme Court of Oklahoma · 2011

14 more not listed; retrieve them via the Exa API.

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