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BRIEFING

JM
Jon Miller
Fri, Jan 21, 2022 4:34 PM

Counselors:

City has been sued on a challenge to zoning decision.  Before I recreate the wheel, do any of you have briefs addressing the issues of: (1) denial of zoning does not constitute a constitutional taking of property; and (2) the "city council" is not a proper party to the lawsuit.  I have argued that individual councilmembers are not proper parties, but have not had anyone name the "city council" as a party.

I appreciate any information you can share.

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: City has been sued on a challenge to zoning decision. Before I recreate the wheel, do any of you have briefs addressing the issues of: (1) denial of zoning does not constitute a constitutional taking of property; and (2) the "city council" is not a proper party to the lawsuit. I have argued that individual councilmembers are not proper parties, but have not had anyone name the "city council" as a party. I appreciate any information you can share. 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.
R
rayvincent@coxinet.net
Mon, Jan 24, 2022 6:04 PM

Rocket Properties v. LaFortune, 2022 OK 5, where the OK S.C. ruled that
inverse condemnation proceedings are not subject to the GTCA,  Unpublished
opinion.
Ray

-----Original Message-----
From: Jon Miller
Sent: Friday, January 21, 2022 10:34 AM
To: oama (oama@lists.imla.org)
Subject: [Oama] BRIEFING

Counselors:

City has been sued on a challenge to zoning decision.  Before I recreate the
wheel, do any of you have briefs addressing the issues of: (1) denial of
zoning does not constitute a constitutional taking of property; and (2) the
"city council" is not a proper party to the lawsuit.  I have argued that
individual councilmembers are not proper parties, but have not had anyone
name the "city council" as a party.

I appreciate any information you can share.

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.

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Rocket Properties v. LaFortune, 2022 OK 5, where the OK S.C. ruled that inverse condemnation proceedings are not subject to the GTCA, Unpublished opinion. Ray -----Original Message----- From: Jon Miller Sent: Friday, January 21, 2022 10:34 AM To: oama (oama@lists.imla.org) Subject: [Oama] BRIEFING Counselors: City has been sued on a challenge to zoning decision. Before I recreate the wheel, do any of you have briefs addressing the issues of: (1) denial of zoning does not constitute a constitutional taking of property; and (2) the "city council" is not a proper party to the lawsuit. I have argued that individual councilmembers are not proper parties, but have not had anyone name the "city council" as a party. I appreciate any information you can share. 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. -- Oama mailing list -- oama@lists.imla.org To unsubscribe send an email to oama-leave@lists.imla.org