Oklahoma Turnpike Authority prevails in Open Meeting Act lawsuit
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A lawsuit against the Oklahoma Turnpike Authority over the initial disclosure to the general public of its $5 billion, bond-financed extension project ended in defeat Wednesday with the state Supreme Court overturning a lower court ruling that found the agency violated the Open Meeting Act.
The ruling comes as the high court continues to weigh the validity of up to $500 million of revenue bonds the turnpike authority would issue to jumpstart funding for the 15-year Advancing and Connecting Communities and Economies Safely Statewide program, billed as ACCESS Oklahoma.
The on the program over concerns about municipal bond market access in the wake of ongoing litigation and an investigative audit of the agency Oklahoma Attorney General Gentner Drummond ordered in March.
Tassie Katherine Hirschfeld, the lawsuit’s lead plaintiff, called the high court’s ruling disappointing.
“We remain committed to improving transparency in Oklahoma and believe we will have many more opportunities to hold the OTA accountable for its poor decisions,” she said in an email. “We look forward to the results of the investigative audit and the implementation of (House Bill) 2263, which includes additional legislative appointees to the OTA’s governing board.”
State lawmakers last week overrode Stitt’s veto of the bill, which strips the governor of his sole ability to appoint the six-member OTA board of directors, giving two appointments each to the governor, House speaker, and Senate president pro tempore, when it takes effect Nov. 1. It will also reduce new board members’ terms to six years from eight years, allow for a member’s removal for cause, and prohibit members from voting on any issue in which they have a direct financial interest.
The high court previously affirmed Judge Olsen’s dismissal on jurisdictional grounds of another lawsuit brought by property owners in 2022 that claimed OTA lacks authorization to build and bond finance the South Extension, East-West Connector, and Tri-City Connector routes.
Claims in that lawsuit are expected to be addressed by the Supreme Court when it rules on the validity of the initial ACCESS bonds. If validated, OTA would need to return to the Oklahoma Council of Bond Oversight because that body’s conditional approval of the debt expired in February.
