McFarland v. Atkins

1979 OK 3, 594 P.2d 758, 1978 Okla. LEXIS 552
CourtSupreme Court of Oklahoma
DecidedNovember 28, 1978
Docket50560
StatusPublished
Cited by3 cases

This text of 1979 OK 3 (McFarland v. Atkins) 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
McFarland v. Atkins, 1979 OK 3, 594 P.2d 758, 1978 Okla. LEXIS 552 (Okla. 1978).

Opinions

BARNES, Justice:

I.

The question presented for review is whether the Trial Judge committed reversible error when he ruled that the Plaintiff-Appellant had no standing to sue, and dismissed the Appellant’s lawsuit.

The facts are not in dispute. Appellant, A. R. McFarland, filed a verified petition in which she named as Defendants-Appellees The State Department of Health and R. Leroy Carpenter, Director, and The State Department of Institutions, Social and Rehabilitative Services (DISRS) and Lloyd Rader, Director. Also named as Defendants were two charitable organizations, The Central Oklahoma Community Council and William J. Bross, Director, and The Oklahoma City United Appeal and/or United Way and William J. Benson, Director. Final Defendants named in the lawsuit were The Oklahoma City Planned Parenthood Association (Planned Parenthood) and its Director, Mary Nelson.

The State Board of Health is charged, under 63 O.S.Supp.1967, § 2071, et seq., with the responsibility of promulgating rules, regulations, and standards for the [760]*760operation of Family Planning Centers, and such rules and regulations were promulgated. Planned Parenthood operates a Family Planning Center under a contract with the State Board of Health of the State Department of Health.

Appellant sought a mandatory injunction requiring Planned Parenthood’s compliance with certain State laws. Specific examples of non-compliance were alleged, e. g., that Planned Parenthood distributed birth control information and services to minors in a manner prohibited by 63 O.S.Supp.1976, § 2601, et seq.

Appellant further requested that the Defendants-Appellees be restrained from making grants of money and from distributing money to Planned Parenthood until such time as that association complied with State and Federal statutes and the rules and regulations issued by the State Department.

In an Amended Petition, Appellant dropped DISRS and its Director and the State Department of Health as Defendants, but, in their stead, named Dr. Walter Atkins, Acting Director of the State Department of Health. The Amended Petition alleged additional facts and changed portions of the prayer for relief.

The Trial'Judge allowed Planned Parenthood and its Director to orally demur to Appellant’s Amended Petition, and solicited authority on the issue of Appellant’s standing to sue. After argument on the issue of standing, the Trial Court dissolved the temporary restraining order and dismissed the lawsuit on the basis that Appellant had no standing to maintain the action.

Appellant based her standing to sue on the following pertinent portions of her Amended Petition:

“13. That the Plaintiff, as a resident, voter and taxpayer of the State of Oklahoma, of Oklahoma City, and of Oklahoma County, is an intended and direct beneficiary of the contract between Planned Parenthood and the State Board of Health and/or the State Department of Health, and has an interest in seeing that the Commissioner of the State Department of Health enforces the rules, regulations, and standards promulgated by the State Board of Health.
“14. That the Plaintiff has an enforceable pledge of contribution to Defendant Central Oklahoma Community Council and to Defendant United Appeal of the Greater Oklahoma City Area, part of which has been paid, and has an interest in making certain that her contribution and/or monies are not used for any purpose prohibited by law.
“15. That the Plaintiff, as a resident, voter and taxpayer of the State of Oklahoma, of Oklahoma City, and of Oklahoma County, is an intended and direct beneficiary of the agreement between the Central Oklahoma Community Council and Planned Parenthood, whereby the Defendant Central Oklahoma Community Council will distribute funds to Planned Parenthood, and is an intended and direct beneficiary of the agreement between Defendant United Appeal of Greater Oklahoma City Area and Planned Parenthood, whereby the United Appeal of Greater Oklahoma City Area will distribute funds to Planned Parenthood, and, as such, has an interest in making certain that contributions and/or monies of the Charitable Organizations are not used for any purpose prohibited by law.” [Emphasis added]

II.

We will first consider whether the Appellant has standing to maintain an action for injunctive relief against the State Commissioner of Health.

Appellant argues she has standing to seek an injunction requiring the State Commissioner of Health to enforce the rules, regulations, and standards of the State Board of Health for Family Planning Centers. She asserts that her standing is authorized by three distinct statutes: 63 O.S.1971, § 1-1701; 12 O.S.1971, § 1381; and 12 O.S.1971, § 1452.

Appellant submits that 63 O.S.1971, § 1— 1701, is a specific statutory authorization for her to seek injunctive relief to compel [761]*761the State Commissioner of Health to comply with the provisions of the Public Health Code, by requiring Planned Parenthood to comply with the rules, regulations, and standards of the State Board of Health for Family Planning Centers.

Title 63 O.S.1971, § 1-1701, provides in part:

“(b) Notwithstanding the penalties hereinbefore provided for, District and Superior Courts may also grant injunc-tive relief to prevent a violation of, or to compel a compliance with, any of the provisions of this Code; and the County Attorney shall fine and prosecute appropriate proceedings therefor in the name of the state, on request of the Commissioner.” [Emphasis added]

Relying upon our opinion in City of Moore v. Central Oklahoma Master Conservancy District, Okl., 441 P.2d 452 (1968), Appellant argues that even though the above quoted statute requires the County Attorney to initiate proceedings for injunc-tive relief at the request of the Commissioner, that provision does not foreclose the use of the statute as a basis for action initiated by an individual citizen. We do not agree with Appellant’s contention. First, we would note that the question of standing was not raised in the City of Moore case. Secondly, we note that the suit in that case was not initiated by an individual citizen, but was initiated by a municipal corporation and a Conservancy District.

As we do not believe that it was the Legislature’s intent to allow the State to be subject to unlimited suits to enjoin its actions, we hold that the provisions of 63 O.S.1971, § l-1701(b), do not authorize the initiation of a suit by an individual citizen.

Nor is a suit by an individual authorized by either 12 O.S.1971, § 1381,1 or 12 O.S.1971, § 1452,2 both of which are general statutes that do not deal with standing to bring suit.

III.

Having held that none of the statutes relied upon by Appellant authorizes her to seek injunctive relief against the Commissioner of Health, we next consider Appellant’s contention that she had standing to sue the Commissioner by virtue of her status as third party beneficiary of the contract between the State Health Department and Planned Parenthood.

Title 15 O.S.1971, § 29, provides:

“A contract, made expressly for the benefit of a third person, may be enforced by him at any time before the parties thereto rescind it.” [Emphasis added]

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2000 OK CIV APP 24 (Court of Civil Appeals of Oklahoma, 1999)

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Bluebook (online)
1979 OK 3, 594 P.2d 758, 1978 Okla. LEXIS 552, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcfarland-v-atkins-okla-1978.