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CAN MUNICIPALITY BE REQUIRED TO ENTER INTO AGREEMENT

JM
Jon Miller
Thu, Feb 2, 2023 5:42 PM

Counselors:

Looking for legal authority, published or unpublished, for the following proposition:

  1. A municipality has the same right as any other person to say "no" when a proposed agreement is presented for its consideration; and
  2. A court has no authority to order a city to enter into an agreement over the city's objection.

The developer claims that agreement was for the City to swap a portion of the City's real property for a portion of the developer's real property, and the developer would then use the real property obtained from the City to build a second access road to its development.

Any legal argument/authority would be appreciated.

Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721

This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments.  If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others.  Sharing this email may result in a loss of the attorney-client privilege.

Counselors: Looking for legal authority, published or unpublished, for the following proposition: 1. A municipality has the same right as any other person to say "no" when a proposed agreement is presented for its consideration; and 2. A court has no authority to order a city to enter into an agreement over the city's objection. The developer claims that agreement was for the City to swap a portion of the City's real property for a portion of the developer's real property, and the developer would then use the real property obtained from the City to build a second access road to its development. Any legal argument/authority would be appreciated. Jonathan E. Miller City Attorney City of Mustang 1501 N. Mustang Road Mustang, Oklahoma 73064 Telephone: (405) 376-7746 Facsimile: (405) 376-7721 This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.