Thursday, September 22, 2011

Municipality awarded attorney fees after invalidating wholesale water contract for violation of Open Meetings Act

Municipality awarded attorney fees as prevailing party following decision invalidating wholesale water contract as entered in violation of Oklahoma Open Meetings Act. Opposing party argued for an exception to 12 Okla. Stat. 936 fee shifting based on the prevailing party's conduct -- here, its violation of the Open Meetings Act. The Oklahoma Court of Civil Appeals held that Oklahoma law does not provide a "conduct exception" to Section 936 fee shifting. Fees awarded to municipality.
The Oklahoma Supreme Court denied certiorari on September 20, 2011.