Legal Opinion · Dissent

Clay v. Independent School District No. 1 of Tulsa County

Supreme Court of Oklahoma

Decided February 18, 1997No. 81882Published

1DissentOp Ala, Justice

The court today (a) narrows the teachings of Board of County Commissioners v. City of Muskogee1 (which holds that when there is a statute-imposed duty to pay revaluation costs, a writ ordering the payment of these delinquent costs represents a sinking fund obligation which may be satisfied either out of surplus revenues in that fund or from three annual levies);2 (b) transforms an ad valorem tax recipient’s statutory obligation to pay its share of revaluation costs into a fictitious quasi-contractual debt that may be defeated by failure to include revaluation costs in an obligor’s annual…

2Cases cited46 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Ashwander v. Tennessee Valley AuthoritySupreme Court of the United States · 1936
  3. Immigration & Naturalization Service v. ChadhaSupreme Court of the United States · 1983
  4. Wyandotte Transportation Co. v. United StatesSupreme Court of the United States · 1967
  5. Steamship Co. v. JoliffeSupreme Court of the United States · 1865

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