Legal Opinion · Concurring in the judgment

MacY v. Oklahoma City School District No. 89

Supreme Court of Oklahoma

Decided June 16, 1998No. 89674Published

1Concurring in the judgmentOp Ala, Justice

¶ 1 The court today pronounces that a declaratory-judgment action will not lie to challenge the validity of two school district annexation elections when there has been no showing that the statutory remedy for waging such contests was inadequate.

*811¶ 2 Although I concur in the court’s judgment, I must recede from the analytical underpinnings of its pronouncement. The short and simple answer to this controversy is that the plaintiffs’ claim for de-annexation of a school district, brought some thirty years after the district had acquired its present-day boundaries, is barred by prescription. The…

2Cases cited33 opinions

  1. Russell v. Board of County CommissionersSupreme Court of Oklahoma · 1997
  2. Burdick v. Independent School District No. 52Supreme Court of Oklahoma · 1985
  3. Jackson v. Oklahoma Memorial HospitalSupreme Court of Oklahoma · 1995
  4. Strelecki v. Oklahoma Tax CommissionSupreme Court of Oklahoma · 1994
  5. Application of GoodwinSupreme Court of Oklahoma · 1979

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