State Ex Rel. Fent v. State Ex Rel. Oklahoma Water Resources Board

OPALA, V.C.J.

{1 The dispositive issue in this taxpayers' gui tam 1 action is whether summary judgment was correctly given to defendants. We answer this question in the affirmative. Although like the Court of Civil Appeals, we affirm the trial court's ruling, we disagree with the appellate court's decision to resolve the critical issue on constitutional grounds when legal relief is available on an alternative, non-constitutional basis. We hence vacate the appellate court's opinion and affirm the summary disposition of taxpayers' claim.

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ANATOMY OF LITIGATION

2 The Flood Control Act…