OKLAHOMA CITY – Attorneys for the citizens group seeking to incorporate the small southeastern Oklahoma town of Hochatown took their case to the Oklahoma Supreme Court on Tuesday.
Attorneys Bob Burke and Lysbeth “Liz” George represent three Hochatown residents – Chad Sargent, Michal McDaniel and Dian Jordan – who have waged an ongoing legal struggle to incorporate their community.
During the spring, the trio submitted a petition to the McCurtain County Board of Commissioners seeking a public vote on the incorporation question. On April 18, the commission held a meeting that included the Hochatown incorporation on the agenda but took no action on the group’s petition.
State law requires a public body to act within 30 days after receiving the petition and supporting documents. Members of the commission said they did act. Court documents filed by their attorney said the commission took testimony and voted “no” on the incorporation question.
However, an audio recording of the April 18 meeting shows the commission took no action and delayed the question without hearing testimony.
On Tuesday, Burke told Supreme Court Referee Ann Hadrava that Hochatown residents were tired of the endless delays and needed immediate relief.
“The residents of the proposed town of Hochatown have no police or adequate fire protection,” Burke said. “It’s estimated that 25,000 people, visitors from mostly out of state come to the area each weekend. Yet their trying to cover this with a volunteer fire department and the deputy sheriff has to come all the way from Idabel.” Idabel is approximately 20 miles south of Hochatown.
Burke said residents of the area lose an estimated $800,000 each month because of the delay in the incorporation question. That money was desperately needed, he said, for infrastructure such as a police and fire department. Burke said the fight over Hochatown’s incorporation was hotly contested and emotional.
“The county commission’s brief talks about the prior case that was filed in McCurtain County, and accuses us of saying the judges in McCurtain County are biased,” he said. “However, the brief fails to recognize that in that case, brought in a judge from another county. We’ve been there before.”
Attorneys Jordan Miller and Andy Artus, representing the McCurtain County Board of Commissioners, countered the commission was conserned by the proximity of the Broken Bow water treatment plant in Hochatown’s incorporation proposal and argued the case should have been sent to a district court.
Miller also doubled down on the commission’s brief, telling the court referee the commission’s minutes indicated that members voted “no” on Hochatown’s incorporation petition.
“A hearing was already held on this matter on April 18,” Miller said. “It clearly states in the minutes. The minutes clearly state that White moved. Seconded by Westbrook to vote ‘no’ on the action of special election for the incorporation of Hochatown for the reason being ‘we are waiting on the opinion of our legal counsel making sure all requirements of Oklahoma Statute 11-3-102 are met’ and it’s voted on by all three commissioners: Westbrook, White, and Jennings. They have already performed the requirements of the statute.”
The commissioners were not satisfied, Miller said. “And because they were not satisfied, they voted ‘no.’”
“But, as noted, that doesn’t mean they have made a determination finally and permanently,” he said. “The board was very clear that they are seeking a legal opinion on two underlying issues: basically whether or not the three-mile rule applies, and whether or not this community is ‘a territory that is historically identified as a community of people residing in compact form.’”
Burke said it was comical that the commissioners’ lawyer would argue today that the Board of County Commissioners was uncertain whether Hochatown was a historically recognized community.
“We don't believe the individual commissioners agree with that,” Burke said in a media statement distributed after the hearing. “There is no doubt Hochatown moved to its present location on U.S. 259 by 1969 when Broken Bow Lake was dedicated. This community existed for many years before in its original location which is now under the lake. The cemetery and church were moved to their current location as indicated by a historical marker in front of the church.”
For months, he said, the McCurtain County Board of County Commissioners has “thrown up a roadblock for the people of Hochatown who want to incorporate as a town.”
“And the commissioners’ lawyer in a hearing today before a referee of the Oklahoma Supreme Court, asked for further delay,” Burke said. “The commissioners want the Supreme Court to refuse to hear the case and instead have the District Court of McCurtain County decide the issue. Representatives of residents of Hochatown have asked the Supreme Court to order the commissioners to follow state law and vote ‘yes’ or ‘no’ on whether or not the people of Hochatown have complied with a checklist contained in state law for incorporation.”
Though Tuesday’s hearing will place the issue in front of the state’s high court, a decision could take until September, Hadrava, the referee said.
Burke said the petitioners would also file a Writ of Mandamus in the District Court of McCurtain County, after the court reopens following internal construction and repairs. He said that filing would order the local court to immediately order the Board of County Commissioners to comply with its mandatory obligations under Oklahoma law and vote on the adequacy of Hochatown’s petition for incorporation.
“Enough is enough,” Burke said. “We call upon the commissioners to accept the adequacy of the petition without further delay and call for an election. The residents of Hochatown deserve the opportunity to decide for themselves whether or not they want to incorporate as a town.”