8 results for 'judge:"Winchester "'.
J. finds the district court properly dismissed this suit alleging the board of education underfunded certain schools. The repayment audit was not performed by a state-approved auditor, and the school districts' filings raised an issue of standing. The school districts failed to establish they commenced their action before the lapse of state aid appropriations from which they sought additional funds. The school districts did not show funds they sought are based on appropriations that have not lapsed. Affirmed.
Court: Oklahoma Supreme Court, Judge: Winchester , Filed On: April 2, 2024, Case #: 121581 , Categories: Administrative Law, Education, Municipal Law
J. Winchester finds the court of civil appeals improperly reversed the trial court's summary judgment in favor of the swimming pool owner. The mother seeks recovery from her child's drowning by a fall into her neighbor's pool. Though the trial court found the owner to have no duty of care, the appeals court concluded the question of whether or not the swimming pool was an attractive nuisance was for the jury to decide. The swimming pool is not defined as an attractive nuisance being there was no hidden or unusual element of danger in or near it. A genuine issue of material fact remains, though, as to whether the owner breached a duty owed under premises liability. Vacated.
Court: Oklahoma Supreme Court, Judge: Winchester, Filed On: March 12, 2024, Case #: 119,569, Categories: Negligence, Wrongful Death, Premises Liability
J. Winchester, on certiorari, finds the county court improperly denied the petition for expungement of criminal records. Though the court reasoned, and the appeals court affirmed, the petitioner was not qualified to seek relief because of an ongoing federal and Cherokee Tribe investigation, the investigation does not constitute pending charges. Since the court ruled solely on whether the petitioner was qualified, the state bureau of investigation did not present any evidence for the court to determine whether there was any public interest in keeping the records open. Vacated.
Court: Oklahoma Supreme Court, Judge: Winchester, Filed On: February 27, 2024, Case #: 119998, Categories: Civil Procedure, Public Record, Native Americans
J. Winchester finds the district court properly quieted title to the property in favor of the party claiming title through a warranty deed. Though another party claims title to the property through adverse possession, possession alone is not sufficient, and the possessor cannot prove she adversely possessed the property for the 15 years required for the claim. Affirmed in part.
Court: Oklahoma Supreme Court, Judge: Winchester , Filed On: December 19, 2023, Case #: 120181, Categories: Civil Procedure, Property
J. Winchester suspends Ryan Wiehl's license to practice law for two years following his plea of no contest to three felony charges of assault and battery and 12 misdemeanor charges after a drunken altercation in a bar. The attorney's actions are clear and convincing evidence of conduct that reflects adversely on the legal profession in violation of his professional duties. His remorse and his honesty regarding his efforts to address his unhealthy relationship with alcohol are noted.
Court: Oklahoma Supreme Court, Judge: Winchester , Filed On: September 12, 2023, Case #: SCBD-7359, Categories: Attorney Discipline
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J. Winchester, under previously assumed jurisdiction, approves the turnpike authority���s application to approve revenue bonds to finance the construction of three turnpike projects, update and repair turnpike facilities and infrastructure, refund prior revenue bonds and notes, and pay other costs. Protestants say that the authority was statutorily allowed one bond issue for the entire construction of four turnpikes. Since the authority did not previously construct the entire loop from the first bond issue, the protestants contend that it is barred from issuing any more bonds. The relevant title provides that if the court is satisfied that the bonds have been properly authorized in accordance with the Oklahoma Highway Code, it shall approve the revenue bonds. This is in keeping with 30 years of precedent. The authority has properly exercised its authority to determine the routes and has legislative authority to issue additional bonds. Affirmed.
Court: Oklahoma Supreme Court, Judge: Winchester, Filed On: August 1, 2023, Case #: 120619, Categories: Administrative Law, Construction, Municipal Law
J. Winchester finds the district court improperly granted summary judgment in favor of the landowners seeking declaratory judgment and injunctive relief as to the Oklahoma Turnpike Authority���s allegedly untimely and insufficient notice of the proposed turnpikes. The authority gave sufficient notice of the agenda items that the landowners challenge and the level of specificity expected by the landowners in these items is not required by the Open Meetings Act. The announcement of the ACCESS Oklahoma Program did not violate the Act because it was for informational purposes only. Reversed and remanded.
Court: Oklahoma Supreme Court, Judge: Winchester, Filed On: May 31, 2023, Case #: 120981, Categories: Government, Public Record, Agency
J. Winchester finds the district court properly granted the Oklahoma Turnpike Authority���s motion to dismiss an anti-turnpike advocacy group���s challenge to its authority to construct three proposed turnpikes. The court has exclusive, constitutional, original jurisdiction to determine whether the authority may construct the turnpikes in the bond validation matter. The advocacy group fails to establish that they have a clear legal right to injunctive or mandamus relief. Their claim is entirely dependent upon the court exercising exclusive jurisdiction in the bond validation proceeding. Affirmed.
Court: Oklahoma Supreme Court, Judge: Winchester, Filed On: May 23, 2023, Case #: 121039, Categories: Constitution, Construction, Government