subscribesubscriber servicescontact usabout ussite mapBuy a Classified
Mon, Oct 06 2008 

Published July 23, 2008 04:38 pm -

Million-dollar lawsuit should raise questions


By Mark Hughes
Guest Columnist

In light of recent revelations by the Phoenix that the city may have to pay at least $3.7 million to reimburse three Muskogee property owners whose land was illegally confiscated (read taken without payment), that brings up several questions: How did this happen? Who made the decision? Was legal advice sought first? What did the city manager know and when did he know it? And, probably the most important question —where is the outrage from our City Council that this even happened?

Or is this just “routine business practice” that they accept as “normal?”

Don’t fool ourselves. It probably will cost taxpayers much more than $3.7 million — that’s just what three independent commissioners decided the property was worth. Then you have compounded interest in the amount of at least 6 percent going back to the year the confiscation took place, one which goes back to 1997. Then, of course, there’s attorney fees at $200 an hour, possibly more. One of the plaintiffs in this case estimated that it could cost the city $8 million to $10 million. That’s as much as the city has in emergency reserve (a little over $4 million) and the $5 million designated for the Muskogee Foundation.

Let there be no mistake — the city admitted that they failed to meet the timely deadline to appeal this issue. Case No. CJ-07-1371, page 4, line 28, “... the City conceded as a matter of law that it did in fact invade and take actual, physical possession of the condemnees’ real and personal property prior to the determination of their damages by the commissioner’s report . . .”

What this says is that the city did not wait for the three-person independent commissioners’ report to come back and tell them what the property they wanted to seize was worth. Now the taxpayers will pay mightily for the city’s impatience.

The “big picture” question is can the city (i.e. the taxpayers) afford to continue to pay for the mistakes, errors in judgment and impatience of city officials?

The condemnation of private property without just compensation is an extremely serious violation of not only the law but of the state and U.S. Constitutions — of which both guarantee the sanctity of private property from the greedy hands of big government.

Will the council let this “play its course” and just comply with the judgment? Or will the council take action to ensure that this never happens again — for it should never have happened in the first place.

Without decisive City Council action, which should be an investigation by an independent agency like the Oklahoma State Bureau of Investigation, the council is basically condoning this action and doing nothing to prevent it from happening again.

By the way, an independent investigation is no good unless the results are made public within a reasonable amount of time, say 90 days.

This type of incompetence, lack of judgment, “eager beaverness to get the job done” (call it what you will), that could possibly cost up to $10 million, would not be tolerated in private business — someone would be fired or seriously demoted. Why should Muskogee taxpayers not deserve the same action from its “board of directors,” the City Council?

Hughes is a Muskogee resident.



print this story    email this story    comment on this story   

Click to discuss this story with other readers on our forums.




monster
wheels
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide


Find a job! Find a Home! Find a car!

Premier Guide

Premium Jobs

2899-Cornerstone Home Health Care Inc.
Continue to Grow
Now Seeking:
RN, LPN & CHHA
Local & branch opportunities for advancement. Please call fo
...>MORE

2920-Drug Counselor
Wagoner/Tahlequah
Providing Substance Abuse counseling. BA with CADC or under Supervision. Contact
dnewlun@eag
...>MORE

2855- Production Management
PRODUCTION MANAGEMENT
Production Scheduler/Planner is needed by a Muskogee Fabricator. This person should work clos
...>MORE

2892-Avon Rep Needed
Call Sheila at 866-434-3425...>MORE

2885-Administrative Assistant
United Methodist, Circle of Care, Inc. is seeking individual for United Methodist Boy's Ranch, Gore, OK to provide admin...>MORE

2921-Tire Tech
Experienced
Good pay, with great benefits. Apply in person: King Tire, 205 West Shawnee.
...>MORE

2913-Immediate Job Openings
Duit Construction, a heavy highway construction company, has immediate openings for individuals to work on projects in T...>MORE

2868-Carnival Ride Operators Wanted
Apply in person at Muskogee Fairgrounds - Oct. 1-4, or call Ed 417-529-3809 or Kenny 956-607-3168....>MORE

See all ads

Premium Autos

2905-2006 Suzuki GSX-R 1000
Excellent Condition, Low Miles. $7500. 918-351-3157...>MORE

2930-1999 F150
Bi-fuel CNG work truck. 80,000 miles - $5,600. 918-462-3345...>MORE

2901-2002 Ford Escort ZX2
Good Running Car. Good on Gas, 70,000 miles. $2700 918-781-9314...>MORE

2929-2007 Red Pontiac Solstice Convertible
1700 miles, $24,500/ 917-478-9634...>MORE

See all ads

Premium Extras

2917-Reg. Puppies
Scotties, (white), Min. Pincher, Min. Schnauzers, Mini Dachshund, AKC Boston Terrier, AKC Yorkie. Chihuahuas, 918-616-7...>MORE

2902-Upright Piano
Dark Wood, great practive piano $850 OBO. 918-681-0269 or 682-2421...>MORE

2888-Vera Lift II
For handicapped patient. Excellent for nursing homes, hospitals or private use. 2 years old. $1500 firm. 918-687-5789...>MORE

2911-Misc Items
Like new couch, big Troy Bilt Tiller with reverse, 2Sears edgers, 1 gas, 1 elect., 22in lawn mower, Dirt Devil bagless u...>MORE

2880-New & Used Carpet For Sale
Pad, Wood, & Ceramic. Installation also available. 918-441-5903...>MORE

2919-Registered Miniature Schnauzers
$100-$250, Yorkie $250, 918-869-8418 or 348-2595. Credit Card accepted....>MORE

2886-Peekapoo Puppies
2 Apricot females, 1 black male, 1 older Yorkie male puppy, Malitpoo puppy. 1st shots & wormed. 918-683-4987...>MORE

2934-9 Year Old Bay Mare
anybody can ride. $750 each. 918-360-6312...>MORE

See all ads


 

Community Newspaper Holdings, Inc.CNHI Classified Advertising NetworkCNHI News Service
Associated Press content © 2008. All rights reserved. AP content may not be published, broadcast, rewritten or redistributed.
Our site is powered by Zope and our Internet Yellow Pages site is powered by PremierGuide.
Some parts of our site may require you to download the Flash Player Plugin.
View our Privacy Policy
Advertiser index