Legal Opinion · Concurring in part, dissenting in part

Board of County Com'rs v. City of Wewoka Ex Rel. North

Supreme Court of Oklahoma

Decided June 30, 1942No. 30042Published

1Concurring in part, dissenting in partDavison, J.

I agree with the conclusion of a majority of my associates that the statutory provision making liens for special assessments for street improvements coequal with liens for ad valorem taxes is valid and constitutional.

It is my opinion, however, that priority exists between successive annual liens determined upon application of the rule that the last is first and the first is last. I also entertain the view that the manner in which coequality is undertaken to be preserved in this case, that is, by sale and pro rata distribution of the proceeds between the holder of the special assessment liens…

2Cases cited25 opinions

  1. Earp v. Mid-Continent Petroleum Corp.Supreme Court of Oklahoma · 1933
  2. Bd. of Com'rs of Creek v. Alexander, St. TreasurerSupreme Court of Oklahoma · 1916
  3. Nelson v. PittsSupreme Court of Oklahoma · 1926
  4. Magnolia Petroleum Co. v. StateSupreme Court of Oklahoma · 1935
  5. Service Feed Co. v. City of ArdmoreSupreme Court of Oklahoma · 1935

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