declaratory judgment action challenge (Oklahoma) · Go Syfert
← Oklahoma issues

declaratory judgment action challenge in Oklahoma

5 Oklahoma opinions name it 2 courts 1994–2021 1 in the last five years

The cases below were cited by Oklahoma courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (9)

CaseFollowedCited
Tulsa Industrial Authority v. City of Tulsagreen
okla · 2011 · cited in 2 Oklahoma opinions naming this issue, 2012–2021
2 sentences

2021National Private Truck Council, Inc. v. Oklahoma Tax Commission , 515 U.S. 582 , 589, 115 S.Ct. 2351 , 132 L.Ed.2d 509 (1995) ("Given this principle, we hold that [42 U.S.C.] § 1983 does not call for either federal or state courts to award injunctive and declaratory relief in state tax cases when an adequate legal remedy exists."). 56 See Tulsa Industrial Authority v. City of Tulsa , 2011 OK 57 , ¶ 25 n. 46, & ¶¶ 26-27, 270 P.3d 113, 127 , citing Private Truck Council of Am., Inc. v. Oklahoma Tax Comm'n , 1994 OK 96 , 879 P.2d 137 , 145 n.2, ([1] Taxpayer could not enjoin the collection of

2021National Private Truck Council, Inc. v. Oklahoma Tax Commission , 515 U.S. 582 , 589, 115 S.Ct. 2351 , 132 L.Ed.2d 509 (1995) ("Given this principle, we hold that [42 U.S.C.] § 1983 does not call for either federal or state courts to award injunctive and declaratory relief in state tax cases when an adequate legal remedy exists."). 56 See Tulsa Industrial Authority v. City of Tulsa , 2011 OK 57 , ¶ 25 n. 46, & ¶¶ 26-27, 270 P.3d 113, 127 , citing Private Truck Council of Am., Inc. v. Oklahoma Tax Comm'n , 1994 OK 96 , 879 P.2d 137 , 145 n.2, ([1] Taxpayer could not enjoin the collection of

12
Private Truck Council of America, Inc. v. Oklahoma Tax Commissiongreen
okla · 1994 · cited in 2 Oklahoma opinions naming this issue, 2011–2021
2 sentences

2021National Private Truck Council, Inc. v. Oklahoma Tax Commission , 515 U.S. 582 , 589, 115 S.Ct. 2351 , 132 L.Ed.2d 509 (1995) ("Given this principle, we hold that [42 U.S.C.] § 1983 does not call for either federal or state courts to award injunctive and declaratory relief in state tax cases when an adequate legal remedy exists."). 56 See Tulsa Industrial Authority v. City of Tulsa , 2011 OK 57 , ¶ 25 n. 46, & ¶¶ 26-27, 270 P.3d 113, 127 , citing Private Truck Council of Am., Inc. v. Oklahoma Tax Comm'n , 1994 OK 96 , 879 P.2d 137 , 145 n.2, ([1] Taxpayer could not enjoin the collection of

2021National Private Truck Council, Inc. v. Oklahoma Tax Commission , 515 U.S. 582 , 589, 115 S.Ct. 2351 , 132 L.Ed.2d 509 (1995) ("Given this principle, we hold that [42 U.S.C.] § 1983 does not call for either federal or state courts to award injunctive and declaratory relief in state tax cases when an adequate legal remedy exists."). 56 See Tulsa Industrial Authority v. City of Tulsa , 2011 OK 57 , ¶ 25 n. 46, & ¶¶ 26-27, 270 P.3d 113, 127 , citing Private Truck Council of Am., Inc. v. Oklahoma Tax Comm'n , 1994 OK 96 , 879 P.2d 137 , 145 n.2, ([1] Taxpayer could not enjoin the collection of

12
National Private Truck Council, Inc. v. Oklahoma Tax Comm'ngreen
scotus · 1995 · cited in 1 Oklahoma opinions naming this issue, 2021–2021
2 sentences

2021National Private Truck Council, Inc. v. Oklahoma Tax Commission , 515 U.S. 582 , 589, 115 S.Ct. 2351 , 132 L.Ed.2d 509 (1995) ("Given this principle, we hold that [42 U.S.C.] § 1983 does not call for either federal or state courts to award injunctive and declaratory relief in state tax cases when an adequate legal remedy exists."). 56 See Tulsa Industrial Authority v. City of Tulsa , 2011 OK 57 , ¶ 25 n. 46, & ¶¶ 26-27, 270 P.3d 113, 127 , citing Private Truck Council of Am., Inc. v. Oklahoma Tax Comm'n , 1994 OK 96 , 879 P.2d 137 , 145 n.2, ([1] Taxpayer could not enjoin the collection of

2021National Private Truck Council, Inc. v. Oklahoma Tax Commission , 515 U.S. 582 , 589, 115 S.Ct. 2351 , 132 L.Ed.2d 509 (1995) ("Given this principle, we hold that [42 U.S.C.] § 1983 does not call for either federal or state courts to award injunctive and declaratory relief in state tax cases when an adequate legal remedy exists."). 56 See Tulsa Industrial Authority v. City of Tulsa , 2011 OK 57 , ¶ 25 n. 46, & ¶¶ 26-27, 270 P.3d 113, 127 , citing Private Truck Council of Am., Inc. v. Oklahoma Tax Comm'n , 1994 OK 96 , 879 P.2d 137 , 145 n.2, ([1] Taxpayer could not enjoin the collection of

11
Brandon v. Ashworthgreen
okla · 1998 · cited in 1 Oklahoma opinions naming this issue, 2021–2021
2 sentences

2021See , e.g. , Oklahoma Public Employees Association v. Oklahoma Department of Central Services , 2002 OK 71 , ¶ 10, 55 P.3d 1072, 1078 (plaintiffs had standing, as taxpayers, to challenge in equity the alleged wrongful expenditure of public funds); Brandon v. Ashworth , 1998 OK 20 , ¶ 7, 955 P.2d 233, 235 (injunction to enjoin illegal use of public money). 57 Compare , Redbird v. Oklahoma Tax Commission , 1997 OK 126 , ¶¶ 10-15, 947 P.2d 525, 527-529 (to be an exclusive state tax remedy it must also be adequate, clear, and certain for a federal constitutional challenge), and Strelecki v. Ok

2021See , e.g. , Oklahoma Public Employees Association v. Oklahoma Department of Central Services , 2002 OK 71 , ¶ 10, 55 P.3d 1072, 1078 (plaintiffs had standing, as taxpayers, to challenge in equity the alleged wrongful expenditure of public funds); Brandon v. Ashworth , 1998 OK 20 , ¶ 7, 955 P.2d 233, 235 (injunction to enjoin illegal use of public money). 57 Compare , Redbird v. Oklahoma Tax Commission , 1997 OK 126 , ¶¶ 10-15, 947 P.2d 525, 527-529 (to be an exclusive state tax remedy it must also be adequate, clear, and certain for a federal constitutional challenge), and Strelecki v. Ok

11
Oklahoma Public Employees Ass'n v. Oklahoma Department of Central Servicesgreen
okla · 2002 · cited in 1 Oklahoma opinions naming this issue, 2021–2021
2 sentences

2021See , e.g. , Oklahoma Public Employees Association v. Oklahoma Department of Central Services , 2002 OK 71 , ¶ 10, 55 P.3d 1072, 1078 (plaintiffs had standing, as taxpayers, to challenge in equity the alleged wrongful expenditure of public funds); Brandon v. Ashworth , 1998 OK 20 , ¶ 7, 955 P.2d 233, 235 (injunction to enjoin illegal use of public money). 57 Compare , Redbird v. Oklahoma Tax Commission , 1997 OK 126 , ¶¶ 10-15, 947 P.2d 525, 527-529 (to be an exclusive state tax remedy it must also be adequate, clear, and certain for a federal constitutional challenge), and Strelecki v. Ok

2021See , e.g. , Oklahoma Public Employees Association v. Oklahoma Department of Central Services , 2002 OK 71 , ¶ 10, 55 P.3d 1072, 1078 (plaintiffs had standing, as taxpayers, to challenge in equity the alleged wrongful expenditure of public funds); Brandon v. Ashworth , 1998 OK 20 , ¶ 7, 955 P.2d 233, 235 (injunction to enjoin illegal use of public money). 57 Compare , Redbird v. Oklahoma Tax Commission , 1997 OK 126 , ¶¶ 10-15, 947 P.2d 525, 527-529 (to be an exclusive state tax remedy it must also be adequate, clear, and certain for a federal constitutional challenge), and Strelecki v. Ok

11
Redbird v. Oklahoma Tax Commissiongreen
okla · 1997 · cited in 1 Oklahoma opinions naming this issue, 2021–2021
2 sentences

2021See , e.g. , Oklahoma Public Employees Association v. Oklahoma Department of Central Services , 2002 OK 71 , ¶ 10, 55 P.3d 1072, 1078 (plaintiffs had standing, as taxpayers, to challenge in equity the alleged wrongful expenditure of public funds); Brandon v. Ashworth , 1998 OK 20 , ¶ 7, 955 P.2d 233, 235 (injunction to enjoin illegal use of public money). 57 Compare , Redbird v. Oklahoma Tax Commission , 1997 OK 126 , ¶¶ 10-15, 947 P.2d 525, 527-529 (to be an exclusive state tax remedy it must also be adequate, clear, and certain for a federal constitutional challenge), and Strelecki v. Ok

2021See , e.g. , Oklahoma Public Employees Association v. Oklahoma Department of Central Services , 2002 OK 71 , ¶ 10, 55 P.3d 1072, 1078 (plaintiffs had standing, as taxpayers, to challenge in equity the alleged wrongful expenditure of public funds); Brandon v. Ashworth , 1998 OK 20 , ¶ 7, 955 P.2d 233, 235 (injunction to enjoin illegal use of public money). 57 Compare , Redbird v. Oklahoma Tax Commission , 1997 OK 126 , ¶¶ 10-15, 947 P.2d 525, 527-529 (to be an exclusive state tax remedy it must also be adequate, clear, and certain for a federal constitutional challenge), and Strelecki v. Ok

11
Thomas v. Henrygreen
okla · 2011 · cited in 1 Oklahoma opinions naming this issue, 2021–2021
2 sentences

2021National Private Truck Council, Inc. v. Oklahoma Tax Commission , 515 U.S. 582 , 589, 115 S.Ct. 2351 , 132 L.Ed.2d 509 (1995) ("Given this principle, we hold that [42 U.S.C.] § 1983 does not call for either federal or state courts to award injunctive and declaratory relief in state tax cases when an adequate legal remedy exists."). 56 See Tulsa Industrial Authority v. City of Tulsa , 2011 OK 57 , ¶ 25 n. 46, & ¶¶ 26-27, 270 P.3d 113, 127 , citing Private Truck Council of Am., Inc. v. Oklahoma Tax Comm'n , 1994 OK 96 , 879 P.2d 137 , 145 n.2, ([1] Taxpayer could not enjoin the collection of

2021National Private Truck Council, Inc. v. Oklahoma Tax Commission , 515 U.S. 582 , 589, 115 S.Ct. 2351 , 132 L.Ed.2d 509 (1995) ("Given this principle, we hold that [42 U.S.C.] § 1983 does not call for either federal or state courts to award injunctive and declaratory relief in state tax cases when an adequate legal remedy exists."). 56 See Tulsa Industrial Authority v. City of Tulsa , 2011 OK 57 , ¶ 25 n. 46, & ¶¶ 26-27, 270 P.3d 113, 127 , citing Private Truck Council of Am., Inc. v. Oklahoma Tax Comm'n , 1994 OK 96 , 879 P.2d 137 , 145 n.2, ([1] Taxpayer could not enjoin the collection of

11
STEVENS v. FOXgreen
okla · 2016 · cited in 1 Oklahoma opinions naming this issue, 2021–2021
2 sentences

2021National Private Truck Council, Inc. v. Oklahoma Tax Commission , 515 U.S. 582 , 589, 115 S.Ct. 2351 , 132 L.Ed.2d 509 (1995) ("Given this principle, we hold that [42 U.S.C.] § 1983 does not call for either federal or state courts to award injunctive and declaratory relief in state tax cases when an adequate legal remedy exists."). 56 See Tulsa Industrial Authority v. City of Tulsa , 2011 OK 57 , ¶ 25 n. 46, & ¶¶ 26-27, 270 P.3d 113, 127 , citing Private Truck Council of Am., Inc. v. Oklahoma Tax Comm'n , 1994 OK 96 , 879 P.2d 137 , 145 n.2, ([1] Taxpayer could not enjoin the collection of

2021National Private Truck Council, Inc. v. Oklahoma Tax Commission , 515 U.S. 582 , 589, 115 S.Ct. 2351 , 132 L.Ed.2d 509 (1995) ("Given this principle, we hold that [42 U.S.C.] § 1983 does not call for either federal or state courts to award injunctive and declaratory relief in state tax cases when an adequate legal remedy exists."). 56 See Tulsa Industrial Authority v. City of Tulsa , 2011 OK 57 , ¶ 25 n. 46, & ¶¶ 26-27, 270 P.3d 113, 127 , citing Private Truck Council of Am., Inc. v. Oklahoma Tax Comm'n , 1994 OK 96 , 879 P.2d 137 , 145 n.2, ([1] Taxpayer could not enjoin the collection of

11
Payne, County Treas. v. Jonesgreen
okla · 1944 · cited in 1 Oklahoma opinions naming this issue, 2021–2021
2 sentences

2021National Private Truck Council, Inc. v. Oklahoma Tax Commission , 515 U.S. 582 , 589, 115 S.Ct. 2351 , 132 L.Ed.2d 509 (1995) ("Given this principle, we hold that [42 U.S.C.] § 1983 does not call for either federal or state courts to award injunctive and declaratory relief in state tax cases when an adequate legal remedy exists."). 56 See Tulsa Industrial Authority v. City of Tulsa , 2011 OK 57 , ¶ 25 n. 46, & ¶¶ 26-27, 270 P.3d 113, 127 , citing Private Truck Council of Am., Inc. v. Oklahoma Tax Comm'n , 1994 OK 96 , 879 P.2d 137 , 145 n.2, ([1] Taxpayer could not enjoin the collection of

2021National Private Truck Council, Inc. v. Oklahoma Tax Commission , 515 U.S. 582 , 589, 115 S.Ct. 2351 , 132 L.Ed.2d 509 (1995) ("Given this principle, we hold that [42 U.S.C.] § 1983 does not call for either federal or state courts to award injunctive and declaratory relief in state tax cases when an adequate legal remedy exists."). 56 See Tulsa Industrial Authority v. City of Tulsa , 2011 OK 57 , ¶ 25 n. 46, & ¶¶ 26-27, 270 P.3d 113, 127 , citing Private Truck Council of Am., Inc. v. Oklahoma Tax Comm'n , 1994 OK 96 , 879 P.2d 137 , 145 n.2, ([1] Taxpayer could not enjoin the collection of

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Oklahoma. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
United Airlines, Inc. v. State Board of Equalization green
okla · 1990
2 sentences

2011Id. 879 P.2d at 145 n. 2, citing Oklahoma Tax Commission v. Smith, 1980 OK 74 , 610 P.2d 794 , and United Airlines, Inc. v. State Board of Equalization, 1990 OK 29 , 789 P.2d 1305 . .

2011Id. 879 P.2d at 145 n. 2, citing Oklahoma Tax Commission v. Smith, 1980 OK 74 , 610 P.2d 794 , and United Airlines, Inc. v. State Board of Equalization, 1990 OK 29 , 789 P.2d 1305 . .

21994–2011
Oklahoma Tax Commission v. Smith green
okla · 1980
2 sentences

1994However, an Oklahoma taxpayer may maintain a declaratory judgment action to challenge the validity of a taxing statute on its face before the tax becomes due, Oklahoma Tax Commission v. Smith, 610 P.2d 794 (1980), or to challenge the authority of the assessing entity.

1994However, an Oklahoma taxpayer may maintain a declaratory judgment action to challenge the validity of a taxing statute on its face before the tax becomes due, Oklahoma Tax Commission v. Smith, 610 P.2d 794 (1980), or to challenge the authority of the assessing entity.

21994–2011
Phillips v. Oklahoma Tax Commission green
okla · 1978
2 sentences

2021See , e.g. , Oklahoma Public Employees Association v. Oklahoma Department of Central Services , 2002 OK 71 , ¶ 10, 55 P.3d 1072, 1078 (plaintiffs had standing, as taxpayers, to challenge in equity the alleged wrongful expenditure of public funds); Brandon v. Ashworth , 1998 OK 20 , ¶ 7, 955 P.2d 233, 235 (injunction to enjoin illegal use of public money). 57 Compare , Redbird v. Oklahoma Tax Commission , 1997 OK 126 , ¶¶ 10-15, 947 P.2d 525, 527-529 (to be an exclusive state tax remedy it must also be adequate, clear, and certain for a federal constitutional challenge), and Strelecki v. Ok

2021See , e.g. , Oklahoma Public Employees Association v. Oklahoma Department of Central Services , 2002 OK 71 , ¶ 10, 55 P.3d 1072, 1078 (plaintiffs had standing, as taxpayers, to challenge in equity the alleged wrongful expenditure of public funds); Brandon v. Ashworth , 1998 OK 20 , ¶ 7, 955 P.2d 233, 235 (injunction to enjoin illegal use of public money). 57 Compare , Redbird v. Oklahoma Tax Commission , 1997 OK 126 , ¶¶ 10-15, 947 P.2d 525, 527-529 (to be an exclusive state tax remedy it must also be adequate, clear, and certain for a federal constitutional challenge), and Strelecki v. Ok

12021–2021
Strelecki v. Oklahoma Tax Commission green
okla · 1994
2 sentences

2021See , e.g. , Oklahoma Public Employees Association v. Oklahoma Department of Central Services , 2002 OK 71, ¶ 10, 55 P.3d 1072, 1078 (plaintiffs had standing, as taxpayers, to challenge in equity the alleged wrongful expenditure of public funds); Brandon v. Ashworth , 1998 OK 20, ¶ 7, 955 P.2d 233, 235 (injunction to enjoin illegal use of public money). 57 Compare , Redbird v. Oklahoma Tax Commission , 1997 OK 126, ¶¶ 10-15, 947 P.2d 525, 527-529 (to be an exclusive state tax remedy it must also be adequate, clear, and certain for a federal constitutional challenge), and Strelecki v. Oklahoma

2021See , e.g. , Oklahoma Public Employees Association v. Oklahoma Department of Central Services , 2002 OK 71 , ¶ 10, 55 P.3d 1072, 1078 (plaintiffs had standing, as taxpayers, to challenge in equity the alleged wrongful expenditure of public funds); Brandon v. Ashworth , 1998 OK 20 , ¶ 7, 955 P.2d 233, 235 (injunction to enjoin illegal use of public money). 57 Compare , Redbird v. Oklahoma Tax Commission , 1997 OK 126 , ¶¶ 10-15, 947 P.2d 525, 527-529 (to be an exclusive state tax remedy it must also be adequate, clear, and certain for a federal constitutional challenge), and Strelecki v. Ok

12021–2021
Conoco, Inc. v. STATE DEPT. OF HEALTH, ETC. green
okla · 1982
1 sentence

2000The key determinant is the existence of a "justiciable matter." See Conoco, Inc. v. State Dep't of Health, 1982 OK 94 , ¶ 18, 651 P.2d 125, 131-32 . {16 Certainly, a plaintiff can successfully bring a declaratory judgment action to test the applicability or constitutionality of a statute.

12000–2000

Where else courts name it

NY 14 (1971–2017) OH 12 (1980–2022) NM 9 (2007–2025) MD 7 (1975–2018) NC 6 (1984–2026) NH 6 (2002–2014) TX 5 (1987–2025) OK 5 (1994–2021) HI 3 (2012–2014) IL 3 (2010–2016) MN 2 (1992–2003) PA 2 (2013–2021) OR 2 (1989–2020) MO 2 (2010–2012)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check