Editor's note: This article was updated at 8:33 p.m. to include a statement from OU economics professor Cynthia Rogers.
The city of Norman posted a legal notice protesting the certification of the petition to bring the $1.1 billion University North Park entertainment district to a public vote Tuesday evening.
According to the city of Norman website, the protest was filed by David Nimmo, president and CEO of Chickasaw Nation Industries; Kyle Allison, director of Allison’s FUN Inc.; Vernon McKown, CEO of Ideal Homes & Neighborhoods; and Dan Quinn, former Ward 8 city council member and a real estate agent for Dillard Cies.
The 119-page legal notice contains a legal argument contesting the legitimacy of Oklahomans for Responsible Economic Development’s petition certification, while also listing justifications for why the entertainment district should be built.
“Protestants pray the Court strike the Petition and order that no referendum election related to the Ordinance take place,” the notice reads.
According to the notice, ORED’s petition does not fully comply with Oklahoma Statute. tit. 62 § 868, which requires a referendum petition to summarize the nature of the proposed referendum vote in a manner that can be understood by those who do not practice law.
“Rather than attempt to distill the legal effects of the Ordinance in a manner that the common person might understand, the language of Proponents' gist, set forth below, instead attempts to track the highly technical and often complicated terms of the Ordinance itself,” the notice reads.
The notice argues the petition omits information that makes it unlawfully misleading. Among several other examples, the notice cited a letter sent by interim City Attorney Rick Knighton to City Clerk Brenda Hall addressing the same statute. Knighton wrote that the proposed ballot title submitted by ORED and filed on Sept. 20 does not exceed 150 words and does not seem to be in harmony with the law.
Knighton told OU Daily on Tuesday night that the city adjusted the proposed ballot to be in accordance with the law.
“What you're really voting on is allocation of the sales tax revenue, or some of the sales tax revenue from the sales in that area, which is 3%,” Knighton said.
The notice also states ORED’s petition is the culmination of efforts to perpetuate the notion that the use of tax increment financing districts will deprive the city of sales tax and the county of ad valorem tax revenues.
“This is not true,” the notice reads. “The falsity of this narrative has not, however, prevented the naysayers from trying, time and again, to bring the issue to Norman voters; most recently in the language of the Petition at issue in this lawsuit.”
Nimmo and Allison were two of several business owners who spoke on the benefit of a potential entertainment district at an October press conference.
OU economics professor and ORED member Cynthia Rogers wrote in a text message to OU Daily Tuesday evening that she is not surprised about the protest.
“I can’t fathom why anyone who believes in Democracy would be against a public vote, especially on such a massive tax spending project. The project is highly risky as noted in the economic development agreement,” Rogers wrote.
Norman City Council approved the entertainment district 5-4 around 1 a.m. on Sept. 18. Three residents, Pamela Mccoy-Post, Paul Arcaroli and Richard Sondag, filed the petition on behalf of ORED on Sept. 20.
After 30 days since the petition's filing, ORED announced it received over 11,000 signatures, nearly double the 6,098 required. Less than a month later, 10,000 of the signatures were certified by Hall.
According to Knighton, now that the notice protesting ORED’s petition has been filed, a court hearing will be set at a later date. Knighton said in order for a public vote on the entertainment district to still take place on Feb. 11, the notice for the ballot would have to be given to Cleveland County 60 days before the voting date.
If the legal proceedings regarding the legitimacy of the gist of the petition continues, Knighton said it is possible it may miss that 60 day notice and not be eligible to be voted on in February.
Ward 7 Councilmember Stephen Tyler Holman told OU Daily on Tuesday night that if the petition were to be thrown out it would only cause more division and upset residents.
“I think it's a bit unfortunate because it just kind of drags this issue on longer. It creates more animosity and more division,” Holman said.
This story was edited by Ana Barboza and Anusha Fathepure.
