In Re the Purchase of the Suntide Inn Motel

1977 OK 62, 563 P.2d 125, 1977 Okla. LEXIS 529
CourtSupreme Court of Oklahoma
DecidedApril 5, 1977
Docket50588
StatusPublished
Cited by11 cases

This text of 1977 OK 62 (In Re the Purchase of the Suntide Inn Motel) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re the Purchase of the Suntide Inn Motel, 1977 OK 62, 563 P.2d 125, 1977 Okla. LEXIS 529 (Okla. 1977).

Opinions

BARNES, Justice:

The Oklahoma Department of Corrections was authorized by House Bill No. 2006,1 Second Session, Thirty-fifth Oklahoma Legislature, to acquire and build two or more community treatment center facilities within the State. In addition, the same session of the Legislature enacted House Bill No. 17372 appropriating certain monies to the State Board of Public Affairs and [127]*127authorizing the acquisition of the necessary land to construct the facilities authorized in House Bill No. 2006. Pursuant to that legislative authority, the Department of Corrections began an extensive site selection process.

On December 17,1976, the State Board of Public Affairs entered into a contract with Suntide Inn Operating Corporation (seller) for acquisition by the Board of Corrections of the Suntide Inn Motel property, located at Northwest 39th Street Expressway and Interstate 240 in Oklahoma City, as the site of one of the facilities.

Thereafter, the City of Oklahoma City informed the State and its agencies that should the State attempt to use the property as a community treatment facility, without submitting the proposed site to the Oklahoma City Planning Commission for approval pursuant to 11 O.S.1971, § 1420, the City would institute proceedings to enjoin such use. For this reason the Board of Corrections and the Board of Affairs (Petitioners), as agencies of the State, brought this original proceeding by and through Larry Derryberry, Attorney General of Oklahoma, asking this Court to assume original jurisdiction pursuant to Article VII, § 4, Oklahoma Constitution, and seeking a judicial determination of the legal question presented.

In view of the public importance of this matter and the need for an early decision, we have decided to assume original jurisdiction. Morrison v. Ardmore Industrial Development Corp., 444 P.2d 816 (Okl.1968); Application of County Courthouse Building Commission, 403 P.2d 501 (Okl.1965).

As a general rule a State governmental body is not subject to local zoning regulations or restrictions. Rutgers, State University v. Piluso, 60 N.J. 142, 286 A.2d 697 (1971); Nowack v. Department of Audit and Control,% 72 Misc.2d 518, 388 N.Y.S.2d 52 (1973).

Nowack, supra, involved an action for a declaratory judgment and injunctive relief, in which plaintiffs sought an order restraining the Division of Youth, Executive Department of the State of New York, from purchasing premises within the city known as 50 Browncroft Boulevard for a youth center to house, under adult supervision, some three to seven youths, who needed help for corrective or rehabilitative purposes. The property was situated in an R-l residential district under the city zoning ordinance in which the proposed use was not permitted. The State had not made, nor did it intend to make, any application to the city zoning authorities for approval of the use. The Court said therein:

“The crux of the complaint is that the contemplated use violates the building and zoning ordinances of the city and that without proper zoning approval the acquisition of the property by the state for the contemplated use is illegal and void. In creating the Division for Youth the legislature directed that, as one of its functions, youth centers be established, operated and maintained in order to prevent youth delinquency and youth crime. (Executive Law, § 501). It appears that this property is being acquired to carry out such purpose. The Rochester Zoning Ordinance would have the effect of ‘thwarting the state’s policy’ as expressed in the Executive Law of providing for youth centers to prevent delinquency and crime and ‘insofar as it conflicts and hinders an overriding State Law and policy * * * (it) is void * * *.’ (cases cited). The Division for Youth is entitled to an exemption from the zoning ordinances of the City of Rochester to operate a youth center and is not required to obtain zoning approval or other consents.”

In Rutgers, supra, it was held that Rut-K. gers University was an instrumentality of the State and, as such, immune from local zoning ordinances in its choice of site for housing facilities for students. The Court therein stated in Rutgers, supra:

“With regard to a state university (passing for the moment the matter of any peculiar status of Rutgers), there can be little doubt that, as an instrumentality of the state performing an essential governmental function for the benefit of all [128]*128the people of the state, the Legislature would not intend that its growth and development should be subject to restriction or control by local land use regulation. Indeed, such will generally be true in the case of all state functions and agencies.”

See also Bloomfield v. New Jersey Highway Authority, 18 N.J. 237, 113 A.2d 658 (1955), in which the New Jersey Supreme Court concluded that an instrumentality of the State, such as the Highway Authority, should be immune from local zoning ordinances if the following criteria are met:

1. The project is a State project for a public use;
2. The public purpose is an essential governmental function;
3. The public need for such a project is urgent;
4. The public goal could be completely thwarted by the intervention of local communities; and
5. The history or statute is devoid of any indication of legislative intent or purpose that such an important State wide facility should be so restricted.

In the instant case the final rehabilitation of prisoners at a community treatment center prior to release to society is a public concern and is an essential governmental function necessary for the welfare of the State and its people. We think it is obvious that the legislative goal as provided in House Bill No. 1737 and House Bill No. 2006 would be thwarted if the City Planning Commission was permitted to negate the planned location of the center.

Here, Oklahoma City does not question the general rule of State immunity, but contends that 11 O.S.1971, § 1420 3 specifically requires the State to submit its proposed site within their city limits to the City’s Planning Commission for its approval or rejection. We do not agree. Such an intention is not plainly expressed or clearly implied in reading § 1420, supra. See Davidson County v. Harmon, 200 Tenn. 575, 292 S.W.2d 777 (1956), where the Tennessee Supreme Court stated:

“The sovereign (State of Tennessee) is not bound by a statute unless it be expressly stated in the statute that the sovereign is to be bound. . . . This rule is recognized as far back in this state, as State v. Crutcher’s Adm’r., 32 Tenn. 504, at page 509, where the Court there quoted from Mr. Justice Story to this effect:

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In Re the Purchase of the Suntide Inn Motel
1977 OK 62 (Supreme Court of Oklahoma, 1977)

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Bluebook (online)
1977 OK 62, 563 P.2d 125, 1977 Okla. LEXIS 529, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-purchase-of-the-suntide-inn-motel-okla-1977.