Hochatown Residents Ask Supreme Court to Intercede in Incorporation Fight

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  • Attorney Bob Burke, left, and Liz George review court documents that ask the Oklahoma Supreme Court to intercede in the fight to incorporate Hochatown. Photo provided by Dian Jordan
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OKLAHOMA CITY – The citizens group seeking to incorporate Hochatown – a small, thriving community in southeastern Oklahoma – took their case to the Oklahoma Supreme Court Wednesday, asking the court to intercede in the dispute between the community and the McCurtain County Board of Commissioners.

Earlier this year, Hochatown residents sent the commission a petition signed by a majority of the town’s residents. The petition asked the commission to call an election on the possible incorporation of the community. 

However, even though state law requires the commission to act within 30 days, no action has been taken. Hochatown delivered a Notice of Intent to Incorporate to the commissioners on March 24, 2022.  

“The Board of McCurtain County Commissioners is nearly 60 days delinquent,” the group’s petition said. “As outlined in the Brief in Support of the Application of Original Jurisdiction and Petition for Writ of Mandamus, the residents of the proposed town of Hochatown are losing hundreds of thousands of dollarsin tax revenue each month of delay caused by the inaction of the respondent, [the] Board of County Commissioners.”

Dian Jordan, the organizer of the effort, said the continuing delay is preventing the community from offering municipal services such as adequate police and fire. 

“We have upwards of 25,000 people in this community on the weekends,” she said. “We cannot keep waiting to address the dangers that come with a crowd this size in a rapidly growing community.  It’s a safety issue.”

Jordan’s fear has been underscored by federal and state agriculture officials. In December, state Forestry Services Director Mark Goeller told members of the state ag board that he was concerned about the potential for wildfires in Hochatown. 

Goeller said Hochatown “has the possibility to become the site of another fire tragedy such as the 2016 Gatlinburg, Tennessee, fires.”

“Let me tell you this: we need to take a tour down there,” Goeller said. “It is scary for a guy like me to see where these people have built these homes. These cabins and the potential for loss, not only just the home loss but also loss of life is tremendous. Our guys were out Thanksgiving, all night working on fires. So, it’s coming.”

The group’s brief asked the court to compel the McCurtain County Commissioners to act on the petition. Bob Burke, one of the two attorneys for the group, said the residents of the small community deserve the right to determine their own destiny. 

“If they want to incorporate as a town and provide basic municipal services to residents and businesses, no one should stand in their way,” Burke said in a media statement. “The law says the commissioners shall determine the sufficiency of the Petition for Incorporation. It is not a discretionary duty; it is an absolute duty. That is why we are asking the Supreme Court to order the commissioners to fulfill their statutory duty and act.”

Oklahoma City attorney Liz George, the group’s other attorney, said the residents of Hochatown were determined to “do what is necessary to protect their community and preserve its historical character. Incorporation is the first step in that process.” 

Under the Oklahoma Constitution the state’s high court has the authority to order government boards and commissions to comply with a state statute that mandates a certain action. That writ, called mandamus, applies to the Board of County Commissioners of McCurtain County, she said.