Miljack, Inc. v. City of Tulsa

As I read 47 O.S.1981 § 1-122, the airport road is a “highway” only if it is both “publicly maintained” and “open to the use of the public for purposes of vehicular travel.” Although I agree with the majority that the undisputed facts establish the second of these requirements, I cannot agree this record shows the road to be “publicly maintained.”

When engaging in a private, proprietary enterprise a municipality conducts that enterprise as a private concern, and not in its governmental capacity. In so doing, its actions are governed “largely by the same rules applicable to individuals or…