Oklahoma Court of Civil Appeals | June 8, 2022
Decisions
ELIAS v. CITY OF TULSA
2022 OK CIV APP 18, 119526
Decided: 09/17/2021
Mandate Issued: 05/25/2022
¶1 Jeff Elias (“Appellant”) seeks review of an Order Affirming Decision of Administrative Law Judge by the Oklahoma Workers’ Compensation Commission En Banc (“Commission”) . The issues here are: (1) whether the Order denying Appellant monetary benefits was based on the appropriate interpretation of 85A O.S. § 46H; and (2) whether § 46H violates the fundamental protections of due process, Okla. Const., art. II, § 6, or represents a special law, prohibited by Okla. Const. art. 5, § 59. We base our holding on the fundamental principle that it is not the role of the judiciary to weigh the wisdom of legislation, as such decisions are the proper province of the Legislature–regardless of the harshness of the outcome. For the reasons stated, we answer the questions presented in the negative and affirm the decision of the Commission.
CITY OF OKLAHOMA CITY v. FONDREN
2022 OK CIV APP 17, 118471
Decided: 04/28/2022
Mandate Issued: 05/25/2022
¶1 The City of Oklahoma City filed this civil proceeding to require a bond for the care or forfeiture of fourteen exotic parrot-like birds seized from Appellee Paul Fondren during a warrantless search of his property. The City appeals the district court’s order granting Fondren’s motion to quash and/or suppress that evidence. The district court was not required to transfer that motion to the judge assigned to the criminal case filed against Fondren for cruelty to animals. And, the City failed to demonstrate the existence of exigent circumstances to justify the warrantless search of Fondren’s property. The district court’s order suppressing the evidence and the order denying the City’s motion to reconsider that order are affirmed.
GRAND CREST OWNERS ASSOC. v. STITES
2022 OK CIV APP 16, 117433
Decided: 08/06/2020
Mandate Issued: 05/25/2022
¶1 Grand Crest Owners Association, Inc. (Grand Crest), appeals the district court’s September 18, 2018 Order granting the motions for partial summary judgment filed by Jeffry and Beverly Stites and their corporation, Grand Crest Association, Inc. (collectively the Stites), and O’Connor Legacy Home, LLC. The district court certified its order for immediate appeal pursuant to 12 O.S.2011 § 994(a). The appeal has been assigned to the accelerated docket pursuant to Oklahoma Supreme Court Rule 1.36(b), 12 O.S. Supp. 2013, ch. 15, app. 1, and the matter stands submitted without appellate briefing.
¶2 The order appealed quieted title to certain real property owned by O’Connor and the Stites, “subject to easement rights,” on the basis that there was no Grand Crest association with any authority over the defendants’ lots. The property involved in this case originally was conveyed by Grand Crest subject to the covenants and restrictions in the corporation’s bylaws. The Stites and O’Connor acquired their interests in that property subject to those covenants and restrictions. Further, they agreed to be bound by those covenants and restrictions when they acquired their interests in the property. Therefore, we reverse the order appealed and remand for further proceedings.1