Sat, Jul 19 2008
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Published April 25, 2008 09:50 pm - Judge refuses to stop co-op meeting, election By Donna Hales Phoenix Staff Writer A federal judge Friday refused to halt Lake Region Electrical Cooperative Inc.’s annual meeting and election today.
U.S. District Judge Ronald A. White’s order said the application for preliminary injunction seeking to prevent the election does not reflect service on the defendants. Michael and Sherry Linehan, along with Ralph, Kathleen and Delisca Cole (members of the cooperative), had sought an injunction barring the planned election. They alleged the LREC board of trustees was sitting illegally. Their suit also contends LREC is subject to the Oklahoma Open Meeting Law, despite an earlier attorney general’s opinion to the contrary. Friday’s order said the requesting party, generally, must demonstrate: • Substantial likelihood of prevailing on the merits. • They would suffer irreparable harm unless the restraining order was issued. • Threatened injury outweighs harm the restraining order might cause the opposing party. • If issued, the restraining order will not adversely affect the public interest. The judge said the court was not persuaded plaintiffs had met their burden of demonstrating irreparable harm should the election go forward. The judge said he is uncertain of the federal court’s jurisdiction in the case, as plaintiffs cited no basis for the court to supervise an election of a rural electric cooperative. LREC’s attorney, Donn Baker, filed a motion Friday saying to halt the election and festivities would cost LREC $80,000. The filing said LREC candidates would be deprived of the opportunity of an election. Rural electric cooperatives are privately owned, non-profit corporations vested with the same powers shared by other private corporations framed under Oklahoma law, Baker said. All of plaintiffs’ arguments are based on the faulty assumption LREC is a public or governmental entity, he said. Cole filed a similar case against LREC in Wagoner County District Court in 1999 when her employment with LREC was terminated, the filing states. 
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