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 106^th 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.

About GableGotwals
GableGotwals® is a full-service law firm with nearly 100 attorneys and more than 70 other professionals in Oklahoma and Texas. We represent a diversified client base across the nation, and our connections and reach are global. Fortune 500 corporations, privately owned companies, entrepreneurs, foundations, and individuals entrust us every day with the stewardship and strategic management of their legal challenges.

U.S. News & World Report and Best Lawyers®, for the 12th consecutive year, announced the “Best Law Firms” rankings. GableGotwals is ranked in the 2023 list regionally in 75 practice areas. Firms included in the 2023 “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise.

GableGotwals received the following rankings:

Metropolitan Tier 1

Oklahoma City

• Administrative / Regulatory Law
• Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
• Bet-the-Company Litigation
• Commercial Litigation
• Corporate Law
• Criminal Defense: White-Collar
• Energy Law
• Government Relations Practice
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• Litigation – Banking & Finance
• Litigation – Environmental
• Litigation – Regulatory Enforcement (SEC, Telecom, Energy)
• Litigation – Trusts & Estates
• Oil & Gas Law
• Personal Injury Litigation – Defendants
• Water Law

Tulsa

• Antitrust Law
• Appellate Practice
• Banking and Finance Law
• Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
• Bet-the-Company Litigation
• Commercial Litigation
• Copyright Law
• Corporate Law
• Employee Benefits (ERISA) Law
• Energy Law
• Family Law
• Gaming Law
• Health Care Law
• Insurance Law
• Litigation – Banking & Finance
• Litigation – Bankruptcy
• Litigation – Environmental
• Litigation – ERISA
• Litigation – Mergers & Acquisitions
• Litigation – Patent
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• Mediation
• Natural Resources Law
• Oil & Gas Law
• Patent Law
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• Securities / Capital markets Law
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Metropolitan Tier 2

Oklahoma City

• Banking and Finance Law
• Construction Law
• Eminent Domain and Condemnation Law
• Employment Law – Management
• Health Care Law
• Litigation – Bankruptcy
• Litigation – ERISA
• Litigation – Labor & Employment
• Litigation – Mergers & Acquisitions
• Litigation – Real Estate
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• Native American Law

Tulsa

• Corporate Compliance Law
• Corporate Governance Law
• Labor Law – Management
• Land Use & Zoning Law
• Litigation – First Amendment
• Litigation – Labor & Employment
• Mergers & Acquisitions Law
• Securities Regulation

Metropolitan Tier 3

Oklahoma City

• Corporate Governance Law
• Product Liability – Defendants

Tulsa

• Environmental Law
• Litigation – Intellectual Property
• Mass Tort Litigation / Class Actions – Defendants
• Native American Law

Represented tobacco companies in obtaining a favorable opinion from Oklahoma Supreme Court that a “fee” on the purchase of tobacco passed by the legislature to raise $215 million was actually a tax and subject to constitutional provisions governing revenue bills