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BOARD OF COUNTY COMMISSIONERS v. OKLAHOMA CITY

No. 42805.

484 P.2d 882 (1971)

The BOARD OF COUNTY COMMISSIONERS OF OKLAHOMA COUNTY, Oklahoma, et al., Plaintiffs in Error, v. OKLAHOMA CITY, a municipal corporation, Defendant in Error.

Supreme Court of Oklahoma.

May 4, 1971.

Attorney(s) appearing for the Case

Curtis P. Harris, Dist. Atty., by Jack A. Swidensky, Asst. Dist. Atty., George J. Fagin and Andrew J. Haswell, Jr., by George J. Fagin, Oklahoma City, Barefoot, Moler, Bohanon & Barth, by Edward H. Moler, Oklahoma City, Cantrell, Douglass, Thompson & Wilson, by Kenneth J. Wilson, Oklahoma City, for plaintiffs in error.

Roy H. Semtner, Municipal Counselor, James R. Fuson, Asst. Municipal Counselor, Oklahoma City, for defendant in error.

McINERNEY, Justice:

The ultimate question here is whether a county, through the creation of a public trust, is authorized to construct a toll urban expressway, which is a turnpike. We hold that the Oklahoma Turnpike Authority is the sole body corporate and politic authorized by law to construct a turnpike. The judgment of the District Court, as modified, is affirmed.

The Board of Commissioners of Oklahoma County created...

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