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Council hears legal briefing after Oklahoma Supreme Court decision in Lisonbee v. McCoy Post et al; counsel cautions on repeal and timelines
Summary
City legal counsel told Norman's council that the Oklahoma Supreme Court affirmed a decision affecting a TIF-related ordinance; counsel said the city likely lacks statutory authority to independently submit the TIF ordinance to voters and warned that repealing the ordinance could prompt contract- and constitution-based litigation with potentially large damages; developer-side counsel argued the Local Development Act permits repeal and downplayed the $230M worst-case scenario.
The Norman City Council held a legal briefing Feb. 17 after the Oklahoma Supreme Court affirmed a district court decision in Lisonbee et al v. McCoy Post et al (case D F 122,946), a matter tied to a previously enacted tax increment financing (TIF) ordinance and an associated economic development agreement (EDA).
City Attorney (legal counsel) summarized the ruling and explained next steps: parties have a 20-day window to file a petition for rehearing (deadline cited as Feb. 23, 2026). If no petition is filed or the court denies rehearing, the court may issue a mandate within seven days of that action (counsel estimated issuance around March 2, 2026), at which point the decision would be final for purposes of the city’s options.
Counsel advised council that statutory authority to independently submit a TIF ordinance to voters is unclear. He…
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