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标题：DISTRICT COURT ORDER REVERSED AND REMANDED.
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作者：George Gibbs ; Christopher Wolek ; Kevin S.,Hoskins, Tulsa, Oklahoma 等
期刊名称：Oklahoma Bar Journal
印刷版ISSN：0030-1655
出版年度：2008
卷号：79
期号：3
出版社：Oklahoma Bar Association
摘要：The question presented is whether the trial court erred in granting the appellees’ motion for summary judgment. We find that it did. FACTS .2 On February 9, 2006, appellee, the City of Jenks, Oklahoma (Jenks) entered into an agreement with appellee, Industrial Ventures, Inc. (IVI) to build a toll bridge across the Arkansas River to connect the intersection of 131st Street South and South Yale Place in Jenks on the south bank of the river to the intersection of 121st Street South and South Yale Avenue in the City of Tulsa, Oklahoma (Tulsa) on the north bank of the river. The north connection of the bridge is not within the limits of Jenks, but it is within the limits of the Tulsa and includes a 45 acre parcel owned by Tulsa. Jenks has no existing street or roadway on the north side of the river. On February 15, 2006, appellants Tom Snider (Snider) and South Tulsa Citizens Coalition, L.L.C. (collectively, the Coalition) filed a petition in the District Court of Tulsa County seeking a declaratory judgment that: 1) Jenks violated Okla. Const. art. 18, §5(a)1 by improperly granting a franchise to IVI without a vote of Jenks’ electors; 2) Jenks violated Okla. Const. art. 10, §26(a)2 by assuming a financial obligation without voter approval; 3) it was unlawful for Jenks to exercise the power of eminent domain outside its city limits; and 4) Jenks violated 61 O.S. 2001 §103(A)3 by failing to observe proper bidding procedures. The petition also sought to enjoin the appellees from constructing the bridge. On February 21, 2006, the appellees filed a motion to dismiss.