A Cleveland County judge ruled Friday that the petition to turn the University North Park entertainment district to a public vote was insufficient. Read more at oudaily.com.
Editor's note: This story was updated at 4:26 p.m. Feb. 21 to reflect the correct language of OU Marketing and Communications' statement. This story was updated at 4:34 p.m. Feb. 21 to include a statement from Danny Lovell. This story was updated at 5:12 p.m. Feb. 21 to include a statement from Cynthia Rogers. This story was updated at 11:07 p.m. Feb. 21 to include a statement from Stephen Tyler Holman. This article was updated at 1:20 p.m. Feb. 25 to include a statement from Mayor Larry Heikkila.
A Cleveland County judge ruled Friday that the explanation contained in the petition to turn the University North Park entertainment district to a public vote was insufficient, striking the vote from the ballot.
According to court records, Judge Jeff Virgin found the referendum petition to be invalid and ruled that it be stricken from appearing on a ballot for a public vote.
“After reviewing the pleadings presented as well as arguments of counsel, the Court finds, for the reasons stated in Petitioners’/Protestants’ pleadings as well as oral presentation, that the gist contained within Referendum Petition 2425-1 is insufficient,” the document read. “As such, the Court finds Referendum Petition 2425-1 to be invalid and the same shall be stricken from the ballot.”
Paul Arcaroli, one of the three residents who filed the petition on behalf of Oklahomans for Responsible Economic Development, said it was unfortunate that Virgin ruled that way but they are going to appeal the decision.
“It's necessary to appeal because that's the judicial means to get our day in court, so to speak. The initial hearing is just one part of the process, but the right to appeal is just as important,” Arcaroli said. “I still think that we did the right thing, and I think that we will have a good chance at appealing.”
In a statement to OU Daily, OU Marketing and Communications said the university was pleased with the court ruling.
“It is a momentous day for Norman, its citizens and the surrounding community,” the statement read. “We are pleased with the court ruling that clears the way for the Entertainment District—representing the kind of development Norman needs to be a destination city that drives economic growth and provides new opportunities for housing, jobs and services for residents, all without raising taxes.”
The statement said the entertainment district and new arena would strengthen connectivity between Norman and the university.
Danny Lovell, the CEO of Rainier Companies, a real estate firm and development partner on the project, wrote in a text to OU Daily sharing similar sentiments with the university.
"We are pleased with the ruling which now allows us to begin the Entertainment District development process and execute on our shared vision in collaboration with so many local stakeholders," Lovell wrote.
Lovell wrote despite respondents stating their intention to appeal the ruling, he remains optimistic.
"We remain positive through whatever process comes next and continue to feel strongly about the benefits of the project for the city of Norman and its citizens," Lovell wrote.
OU economics professor Cynthia Rogers told OU Daily that, of the nearly 350 signatures she collected for the petition, the majority of the residents she met knew what the petition was about.
"Very few people hadn't hear about it or didn't know what it was ...," Rogers said. "This is just how the system is designed to make it very difficult to bring something to vote when clearly people wanted to vote on this issue."
Rogers said they would try to raise money to pay for legal representation to appeal the case.
"The judicial process and system can be very frustrating," Rogers said. "I would be interested to see what (the judge) thought was insufficient in the gist."
In a statement posted to his Instagram story, Ward 7 Councilmember and Mayor-elect Stephen Tyler Holman wrote that he found the ruling disappointing.
"I find this to be a disappointing ruling given the number of signatures the petition obtained which were verified by the City Clerk," Holman wrote. "It was clear to me that people very well knew what they were signing the petition for. I'm hopeful an appeal of this decision will lead to a public vote on this matter so it can be settled once and for all."
In a press release posted to his Facebook, Mayor Larry Heikkila praised Virgin for his decision, writing that the rule of law was defended against "the will of the mob."
"As we move forward with the Rock Creek Entertainment District project, we must remain vigilant in defending our constitutional republic against the threats of mob rule. I urge our community to recognize the importance of representative governance for the benefit of all," Heikkila wrote in a Facebook post.
On Wednesday, the first hearing for the legal challenge was heard by Virgin at the Cleveland County Courthouse. Around 50 residents were in attendance despite winter weather delaying the hearing from 9 a.m. to 1:30 p.m.
Attorneys Denise Lawson, Sean Rieger, Spencer Smith and Scott Henderson represented the petitioners, who argued the explanation, or gist, of the petition was insufficient for signatories to make an informed decision.
“Petitioners maintain that the gist of the referendum petition is insufficient, and thus, should be struck from the ballot,” Lawson said.
Attorney Rob Norman represented the respondents, who included Pamela McCoy-Post, Arcaroli and Richard Lorenz Sondag, and argued the petitioners made technical critiques that overcomplicated the gist of the petition.
“(Petitioners) argue it should contain a laundry list, a dinner menu full of additional provisions that, as we said in our brief, ends up looking like the dinner menu at Chili's. That is not what this is about,” Norman said.
Background
Around 1 a.m. on Sept. 18, Norman City Council approved the University North Park entertainment district 5-4. During the meeting, over 70 residents voiced support and opposition to the district and its tax increment financing, or TIF, model.
On Sept. 20, three Norman residents filed a petition to turn the district to a public vote.
Organized by the nonprofit Oklahomans for Responsible Economic Development, petitioners collected 11,602 signatures over 30 days, exceeding the 6,098 required by law. Of the 11,602 submitted, 10,698 signatures were certified by City Clerk Brenda Hall.
On Nov. 19, 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 council member and a real estate agent for Dillard Cies, filed the challenge opposing the petition.
According to the 119-page notice, the protest challenged the gist of the petition and argued it did not comply with an Oklahoma Statute that 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 vote was originally planned for the Feb. 11 municipal election, but was delayed due to the legal notice.
This story was edited by Ismael Lele and Ana Barboza.
