OK Supreme Court: Helmerich Park lawsuit can go forward

The Oklahoma Supreme Court voted unanimously today to allow Tulsa residents to move forward with a lawsuit against the City of Tulsa and the Tulsa Public Facilities Authority over the proposed sale of part of Helmerich Park to a private developer. Here is a statement from Save Helmerich Park, the citizen group opposing the sale of park land:

The Oklahoma Supreme Court today denied the City of Tulsa's and the Tulsa Public Facility Authority's request for the Court to assume original jurisdiction in the pending lawsuit to stop the sale of land in Helmerich Park to a private developer.

The Court's decision was unanimous. The City of Tulsa and the Tulsa Public Facilities Authority (TPFA) had escalated their efforts to bar Tulsa citizens' access to the Courthouse contrary to Article II, § 6 of the Oklahoma Constitution which provides: "The courts of justice of the State shall be open to every person, and speedy and certain remedy afforded for every wrong and for every injury to person, property, or reputation; and right and justice shall be administered without sale, denial, delay, or prejudice."

By filing a Writ of Prohibition with the Oklahoma State Supreme Court, the City and the TPFA directly challenged Tulsa District Court Judge Jefferson D. Sellers' decision to deny a motion to dismiss the suit filed by Tulsan Craig Immel on August 11, 2015, which was amended and joined by four other Tulsans in January 2016.

For a year and a half, attorneys for the City and the TPFA agreed that Tulsa County District Court was the proper place to hear this controversy and agreed the plaintiffs were proper parties to bring the lawsuit to prevent the sale of land in Helmerich Park. But at the eleventh hour - apparently anticipating a loss in District Court - the Mayor and the TPFA directed their attorneys to reverse course and sought to prevent Tulsa citizens and taxpayers from having a say in the proposed sale of publicly-owned parkland and the potential misappropriation of city tax dollars.

The plaintiffs are resolute in their position, presented a vigorous written and oral response to the City's attempt to deny citizens and taxpayers access to the court system.

The lawsuit now returns to the jurisdiction of District Court Judge Jefferson Sellers for trial.
Speaking on behalf of the plaintiffs, former Tulsa Mayor Terry Young expressed pleasure with the decision.

"We're prepared to fight this in District Court and we believe we have the winning arguments," Young said.

Young added, "It's time for the Dallas-based developer - UCR - to withdraw from the sale contract and go home."