October 2021 - Parks & Recreation - 28

LAW REVIEW
In the case of Immel v. Tulsa Public Facilities
Authority, the plaintiffs claimed the defendants
lacked the legal authority to sell a parcel of land
because it was held in a public trust.
Parkland Sale Contract
for Shopping Center
By James C. Kozlowski, J.D., Ph.D.
n the case of Immel v. Tulsa Public Facilities Authority, 2021 Okla.
LEXIS 41 (Okla. Sup. Ct. 6/22/2021), the issue on appeal before the
Oklahoma state supreme court was " whether Defendants/Appellees
Tulsa Public Facilities Authority (TPFA) and the City of Tulsa (City),
Oklahoma, can sell 8.8 acres of parkland held in a public trust to a private
developer for construction of a commercial shopping center. " The plaintiffs,
a group of Tulsa citizen taxpayers (Taxpayers), claimed TPFA and the
City lacked the legal authority to sell the land because the parcel was " held
in a public trust expressly as a park for the people. "
Helmerich Park History
The 8.8 acres of parkland in dispute
(hereinafter " Tract A " ) is a
small part of 67.3 total acres of
unimproved land acquired by the
City from the First National Bank
of Oklahoma for $4.5 million in
1991. The City's acquisition of the
67.3 acres of land is the result of
a public/private endeavor to pur28
Parks & Recreation | O CTOBER 2 0 2 1
chase the riverfront property for the
specific use as a city park.
The City provided tax funds
of $2.25 million for half of the
purchase price, and the other half
of the purchase price was donated
to the City by private parties,
expressly for the purchase of the
land to be used as a city park. The
City used $2.25 million from its
| PARK S ANDRECRE AT ION . OR G
I
surplus 1985 sales tax funds to
pay for half of the purchase price
for the parkland. The sales tax
funds were designated for " Park
Facilities Improvements. " The
$2.25 million the City received
from private donors for half of the
purchase price for the parkland
was placed in the City's " Park and
Acquisition Fund " pursuant to
ordinances adopted in May 1991.
The City transferred the $4.5 million
in funds to the TPFA, so that it
could be used to purchase the land
from the bank. Under state law, the
TPFA is a public trust and the City
is its sole beneficiary. Legal title
to the land also was placed in the
name of the TPFA.
On June 27, 1991, the City's park

October 2021 - Parks & Recreation

Table of Contents for the Digital Edition of October 2021 - Parks & Recreation

October 2021 - Parks & Recreation - Intro
October 2021 - Parks & Recreation - Cover1
October 2021 - Parks & Recreation - Cover2
October 2021 - Parks & Recreation - 1
October 2021 - Parks & Recreation - 2
October 2021 - Parks & Recreation - 3
October 2021 - Parks & Recreation - 4
October 2021 - Parks & Recreation - 5
October 2021 - Parks & Recreation - 6
October 2021 - Parks & Recreation - 7
October 2021 - Parks & Recreation - 8
October 2021 - Parks & Recreation - 9
October 2021 - Parks & Recreation - 10
October 2021 - Parks & Recreation - 11
October 2021 - Parks & Recreation - 12
October 2021 - Parks & Recreation - 13
October 2021 - Parks & Recreation - 14
October 2021 - Parks & Recreation - 15
October 2021 - Parks & Recreation - 16
October 2021 - Parks & Recreation - 17
October 2021 - Parks & Recreation - 18
October 2021 - Parks & Recreation - 19
October 2021 - Parks & Recreation - 20
October 2021 - Parks & Recreation - 21
October 2021 - Parks & Recreation - 22
October 2021 - Parks & Recreation - 23
October 2021 - Parks & Recreation - 24
October 2021 - Parks & Recreation - 25
October 2021 - Parks & Recreation - 26
October 2021 - Parks & Recreation - 27
October 2021 - Parks & Recreation - 28
October 2021 - Parks & Recreation - 29
October 2021 - Parks & Recreation - 30
October 2021 - Parks & Recreation - 31
October 2021 - Parks & Recreation - 32
October 2021 - Parks & Recreation - 33
October 2021 - Parks & Recreation - 34
October 2021 - Parks & Recreation - 35
October 2021 - Parks & Recreation - 36
October 2021 - Parks & Recreation - 37
October 2021 - Parks & Recreation - 38
October 2021 - Parks & Recreation - 39
October 2021 - Parks & Recreation - 40
October 2021 - Parks & Recreation - 41
October 2021 - Parks & Recreation - 42
October 2021 - Parks & Recreation - 43
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October 2021 - Parks & Recreation - 47
October 2021 - Parks & Recreation - 48
October 2021 - Parks & Recreation - 49
October 2021 - Parks & Recreation - 50
October 2021 - Parks & Recreation - 51
October 2021 - Parks & Recreation - 52
October 2021 - Parks & Recreation - 53
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October 2021 - Parks & Recreation - 55
October 2021 - Parks & Recreation - 56
October 2021 - Parks & Recreation - Cover3
October 2021 - Parks & Recreation - Cover4
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2021
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