Judges: JAN ERIC CARTWRIGHT, ATTORNEY GENERAL OF OKLAHOMA
Filed: Oct. 26, 1982
Latest Update: Mar. 03, 2020
Summary: OPINION — AG — ** TAXPAYER — COUNTY COMMISSIONER — LEGAL ACTION ** (1) AN INDIVIDUAL TAXPAYER'S ACTION WOULD LIE AGAINST A COUNTY COMMISSIONER WHO 'ABSOLUTELY' REFUSES TO MAINTAIN AND REPAIR COUNTY ROADS WITHIN HIS JURISDICTION; HOWEVER, THE TAXPAYER WILL ONLY OBTAIN JUDICIAL REDRESS IN INSTANCES WHERE THERE HAS BEEN A CLEAR ABUSE OF DISCRETION. WHAT CONSTITUTES A CLEAR ABUSE OF DISCRETION IS A QUESTION OF FACT, WHICH MUST BE DETERMINED ON A CASE BY CASE BASIS. (2) A BOARD OF COUNTY COMMISSIONER
Summary: OPINION — AG — ** TAXPAYER — COUNTY COMMISSIONER — LEGAL ACTION ** (1) AN INDIVIDUAL TAXPAYER'S ACTION WOULD LIE AGAINST A COUNTY COMMISSIONER WHO 'ABSOLUTELY' REFUSES TO MAINTAIN AND REPAIR COUNTY ROADS WITHIN HIS JURISDICTION; HOWEVER, THE TAXPAYER WILL ONLY OBTAIN JUDICIAL REDRESS IN INSTANCES WHERE THERE HAS BEEN A CLEAR ABUSE OF DISCRETION. WHAT CONSTITUTES A CLEAR ABUSE OF DISCRETION IS A QUESTION OF FACT, WHICH MUST BE DETERMINED ON A CASE BY CASE BASIS. (2) A BOARD OF COUNTY COMMISSIONERS..
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OPINION — AG — ** TAXPAYER — COUNTY COMMISSIONER — LEGAL ACTION ** (1) AN INDIVIDUAL TAXPAYER'S ACTION WOULD LIE AGAINST A COUNTY COMMISSIONER WHO 'ABSOLUTELY' REFUSES TO MAINTAIN AND REPAIR COUNTY ROADS WITHIN HIS JURISDICTION; HOWEVER, THE TAXPAYER WILL ONLY OBTAIN JUDICIAL REDRESS IN INSTANCES WHERE THERE HAS BEEN A CLEAR ABUSE OF DISCRETION. WHAT CONSTITUTES A CLEAR ABUSE OF DISCRETION IS A QUESTION OF FACT, WHICH MUST BE DETERMINED ON A CASE BY CASE BASIS. (2) A BOARD OF COUNTY COMMISSIONERS IS 'NOT' AUTHORIZED BY LAW TO LOAN COUNTY OWNED MACHINERY AND EQUIPMENT TO INDIVIDUAL CITIZENS WHO ARE WILLING TO FURNISH COMPETENT AND QUALIFIED PERSONNEL TO OPERATE THE MACHINERY AND EQUIPMENT FOR THE PURPOSE OF GRADING COUNTY ROADS AT NO EXPENSE TO THE COUNTY. (WRIT OF MANDAMUS, COMPEL, REMOVAL, METHOD, COURT ACTION, LEGAL ACTION, BORROW, LOAN COUNTY EQUIPMENT, HIGHWAY, COUNTY ROAD, OPERATION, LOAN EQUIPMENT TO PRIVATE INDIVIDUALS) CITE: 69 Ohio St. 601 [69-601], 69 Ohio St. 644 [69-644], OPINION NO. 69-143, OPINION NO. 69-146, OPINION NO. 76-151 (DUTIES, DUTY OF COUNTY COMMISSIONERS, MUNICIPALITIES, CITIES, LEND) (GARY W. GARDENHIRE)
