Legal Opinion · Concurrence

Keating v. Johnson

Supreme Court of Oklahoma

Decided May 14, 1996No. 86628Published

1ConcurrenceSimms, Justice

I concur in the Court’s refusal to accept jurisdiction.

We do not have an actual case or controversy with justiciable issues before us. The parties are merely seeking an advisory opinion on an abstract question, and it has long been the rule that this Court does not give advisory opinions or answer hypothetical questions. See Shinn v. Oklahoma City, 184 Okla. 236, 87 P.2d 136 (1939); City of Shawnee v. Taylor, 191 Okla. 687, 132 P.2d 950 (1943), and cases cited therein.

In addition, this action for declaratory judgment is not properly brought in this Court. Our Declaratory Judgment Act, 12…

2Cases cited60 opinions

  1. Draper v. StateSupreme Court of Oklahoma · 1980
  2. Burdick v. Independent School District No. 52Supreme Court of Oklahoma · 1985
  3. State Ex Rel. York v. TurpenSupreme Court of Oklahoma · 1984
  4. Ethics Commission v. CullisonSupreme Court of Oklahoma · 1993
  5. In Re State Ex Rel. Department of TransportationSupreme Court of Oklahoma · 1982

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