GableGotwals Secures Favorable Ruling in Municipal Referendum Challenge
November 30, 2023 | GableGotwals Shareholder, Adam Doverspike, and Associate, Cole McDaniel, successfully represented a local developer in a civil lawsuit protesting the legal sufficiency of the Referendum Petition related to Jenks Ordinance No. 1617.
In June 2023, the developer requested a land use change to obtain a Planned Unit Development (PUD) to create an outdoor entertainment venue at 106th and Elm in Jenks to host little league baseball tournaments and to provide parkland for the public. The conceptual plan for the space included more than 72 acres of green space and 10 baseball fields with public walking trails and play areas.
The Jenks Planning Commission, the Jenks City Council, and the Jenks Mayor all approved the PUD. In July 2023, a group called “Jenks Coalition for Smart Growth” brought a Referendum Petition to the city clerk asking for a public vote on the ordinance. Though the petition received an adequate number of signatures, it misleadingly suggested the entire property had been rezoned to commercial zoning, stated that the entire 116 acres would be a commercial enterprise, and omitted that 50% of the property would be reserved green space and public walking trails.
The developer, represented by GableGotwals, challenged the “gist” of the petition as misleading. On November 22, 2023, the court agreed and ruled that the ‘gist’ of the petition was misleading under the appropriate legal standards and did not provide the potential signatory with sufficient information to make an informed decision. The court found that:
| This gist similarly misleading because it states that agricultural zoning is no longer applied to the property, that it allows the “operation of a large 116 acre commercial enterprise,” and omits any information or reference in the PUD including reservation of 50% plus of the property as green space and newly-accessible walking trails. While the court has great respect for citizen-led initiatives and direct democracy, these three issues were misleading and/or incorrect, and justify striking the ballot under the above legal standards. |
The court ruled in favor of the developer and ordered that the ballot be struck.
GableGotwals’ Municipal Law and Initiative Petition teams are available to advise petitioners and respondents in initiative petitions, referendums, and municipal referendums to ensure Oklahoma’s citizen-led direct democracy is properly practiced according to the law.
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