Right-of-Way Litigation

The City of Anadarko has been sued in Caddo County District Court by the local rural electric cooperative over the use of the municipal right-of-way to provide electric service.  The REC is challenging as unconstitutional a municipal ordinance requiring customers within the corporate limits to use the municipal utility systems “unless it is impossible to do so.”  They allege the ordinance violates Article 18, Section 5(a) and 5(b) as well as Article 18, Section 7 in establishing an exclusive and perpetual franchise.  Additionally, the REC asserts a violation of its statutory right to continue to serve and expand within the corporate limits and alleges the city has created a monopoly and a restraint of trade or commerce.  OML attorneys met with Anadarko officials regarding this litigation.

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