"Dead deal," attorney says flaws will mean no turnpikes in Norman

Jul. 22—A room full of protestors against plans to build two toll roads in Norman cheered as attorneys in two lawsuits reassured them there is hope in their fight.

The Oklahoma Turnpike Authority plans to build two new toll roads in Norman as part of a statewide expansion of the system. One is planned to be constructed in east Norman in the Lake Thunderbird Watershed to connect the Kickapoo Turnpike from Interstate 40 to Purcell, and a second is planned along Indian Hills Road.

Opposition group Pike Off OTA held a summit Thursday at the Mercury Center, 426 W. Main Street, to update residents on both the progress of those lawsuits and other opposition tactics attorneys and the organization plan to launch.

In May, Norman filed a lawsuit on behalf of Pike Off OTA and Stan Ward filed a lawsuit on behalf of Ward 5 City Councilor Rarchar Tortorello and 150 residents.

Pike Off OTA's lawsuit contends the legislature authorized turnpikes, but that authorization did not include the east Norman turnpike. It also alleges the OTA has violated proper bond procedure because the turnpikes authorized were to have been built under one bond issue, rather than in phases.

Ward contends OTA violated the Oklahoma Open Meeting Act in two meeting agendas in which the agency did not sufficiently inform the public about the planned toll roads. He also advocated for an initiative petition, which if adopted by voters across the state would force the OTA to gain voter approval in the area where new toll roads are proposed.

OTA has said that it is confident in their motion to dismiss in both lawsuits.

Attorney for the organization Robert Norman said he is convinced the state legislature intended that all proposed turnpikes authorized in 1987 were to be built at one time, under one bond issuance, according to state law. He said he uncovered proof to present in court, documents at the time and in the years that followed that affirm his interpretation of the law.

"We had to dig back in the pre-internet days," Norman said. "The newspaper article archives, the legislative history, and ... when you read the history, Neal McCaleb who was the transportation director back then were saying, 'Yeah this is what this means. We have to build all these turnpikes at one time, one shot, one bond issue.'"

Norman refuted the "saying" among some residents who believe that OTA's plans are a done deal.

"When you hear people say these turnpikes are a done deal, you tell them it's a dead deal," he said to a room that erupted in cheers and applause.

"Winners never quit," Ward said. "There are times you want to quit, but if you don't stay in there, then you have no choice and no hope."

Each speaker, including WildCare Director Inger Giuffrida and Texas eminent domain lawyer Clint Schumacher urged everyone to keep up the fight.

Giuffrida said turnpikes will disrupt critical wild life habitats and endangered species, and threaten the watershed, which residents and wildlife find "so very vital."

"So tonight, I am imploring you to stay strong, and keep the faith and don't lose hope," she said.

Giuffrida said while laws are meant to protect endangered species, the enforcement "muscle" is often absent.

"Laws require enforcement," she said. "Often, we not only lack law enforcement muscle when it comes to wildlife, but also the very agencies that are supposed to be upholding these laws are party to facilitating exceptions to them with tools like incidental take permits."

Giuffrida said she was not certain endangered wildlife would be enough to stop OTA's plans, but that "there's power" in "understanding where we need to apply pressure when it comes to those federal laws."

"We have a great chance of stopping them if we don't give up," she said.

Schumacher compared the fight to the victory won by Texas Against High-Speed Rail, which litigated in district court and the state supreme court that high speed rail did not have the right of eminent domain.

While the organization won in district court, the high court disagreed. By the time the fight was over, Texas Central Rail was broke.

"The president [of TCR] had already resigned, the board disbanded, and there was no one left working in the organization," Schumacher recalled.

Schumacher said Norman residents impressed him with their swift efforts.

"I see your Facebook group," he said. "I can't believe some of the research that you guys are doing to support these efforts ... I was stunned at how quickly this organization has come together, and how well it's formed and how organized it is."

He urged the crowd to consider their decisions carefully, not hastily, as they grapple with whether to sell their property or hire an attorney.

"You're still a ways off from making that decision," he said.

Mindy Wood covers City Hall news and notable court cases for The Transcript. Reach her at mwood@normantranscript.com or 405-416-4420.