October 2021 - Parks & Recreation - 33

a city " must obtain adequate consideration and accountability
from a private actor in exchange for the
expenditure of public funds. "
In this case, Taxpayers had claimed: " Tract A is being
Protect your loved ones
and the future of
parks and recreation.
sold for about 20 [percent] of its market value and that
the private developer will be given more than a halfmillion
dollars in tax funds for infrastructure development
in violation of the public purpose requirement. "
Moreover, " once the contract is entered into and the
commercial shopping center is built, " Taxpayers argued
" the TPFA and the City of Tulsa will not maintain
control over Tract A and its operation, " including
" no control over the future disposition of the property. "
In response, the TPFA and the City claimed increased
sales taxes and employment would satisfy the public
purpose requirement.
In the opinion of the state supreme court, there were
" clear material facts in dispute concerning whether the
expenditure of the public funds in this case would meet
the public purpose requirement. " As a result, the court
reversed the summary judgment of the trial court in
favor of TPFA and the City and remanded (i.e., sent
back) this case for further proceedings to resolve these
disputed facts and determine " the constitutionality of
the sale of Tract A to the private developer and whether
those facts support the public purpose requirement "
under the Oklahoma Constitution.
Conclusion
Having found " Tract A is [parkland] held in a public
trust expressly for the use and benefits of its citizens as
a city park, " the state supreme court held " Tract A of
the Park can only be sold by the TPFA and the City to
a private developer for commercial use if Tract A has
been lawfully abandoned and/or is no longer fit for its
intended purpose as a public park. " On remand, the
state supreme court directed the trial court to resolve
whether: (1) Tract A of the Park was lawfully abandoned
by the TPFA and the City; and (2) the public
expenditure of funds to be paid to the private developer
meets the public purpose requirement under the Oklahoma
Constitution.
James C. Kozlowski, J.D., Ph.D., is an Attorney and Associate
Professor in the School of Sport, Recreation and Tourism
Management at George Mason University (jkozlows@gmu.
edu). Law review articles archive (1982 to present):
mason.gmu.edu/~jkozlows.
PARK S ANDRECRE AT ION . OR G | O CTOBER 2 0 2 1
| Parks & Recreation
33
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http://www.FreeWill.com/NRPA http://mason.gmu.edu/~jkozlows

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
October 2021 - Parks & Recreation - 44
October 2021 - Parks & Recreation - 45
October 2021 - Parks & Recreation - 46
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
October 2021 - Parks & Recreation - 54
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
https://www.nxtbookmedia.com