Suit Filed Against City & City Council

Neighbors for Justice Support New Jail:
But not in our back yard, say residents

In what at first appears to be a contradiction of the lawsuit it filed against the City of Bartlesville
and the Bartlesville City Council, Neighbors for Justice (NfJ) issued a statement proclaiming its
support for a new jail in Washington County.

“We absolutely believe that a new jail must be built. However, we also believe there should be
some conditions regarding where it is built,” said Luwana Brewster, one of the spokespersons for the new citizen group in Bartlesville, Oklahoma. The new jail should not be across the street from our homes and play areas." Currently, the proposed jail site is surrounded by residential neighborhoods on the north, west, and south sides.

A civil suit was filed against the City of Bartlesville and the Bartlesville City Council on September 23 seeking a permanent injunction against use of the jail site.

The NfJ suit was filed with Washington County District Court on Tuesday, September 23, 2008
by Tulsa law firm, Gibbs, Armstrong, Borochoff, Mullican and Hart. This firm also successfully
represented the South Tulsa Citizens Coalition (STCC) in a three-year battle to stop the
construction of a privately owned toll bridge. In January 2008, the Oklahoma Supreme Court
ruled unanimously in favor of STCC.

NfJ has also created a legal fund to help pay legal fees that will be incurred during the legal
battle, which may be long and arduous.

The following is quoted from the September 24 Examiner Enterprise:

“If the injunction is not granted, plaintiffs will have been denied the ability to participate in their government in a way guaranteed by state and municipal authority,” the suit contends. “Plaintiffs have no adequate remedy at law because monetary damages fail to account for a city and its government acting beyond its authority and for Plaintiffs’ denial of their rights to participate in their local government.”

The suit also maintains that an injunction would “force the Washington County Correctional Facility Trust Authority to follow proper statutory procedure or select a new location for the county jail.”

The suit additionally contends that by voting to rezone the area, the Bartlesville City Council violated municipal code by not waiting one year before reconsidering. According to the suit, Bartlesville municipal code requires that when “an application for amendment to the regulations is denied, said application shall not be eligible for reconsideration for one year subsequent to such denial.”

The suit also contends that the Bartlesville City Council did not follow Oklahoma statutes by not giving 20 days prior notice to some property owners in the area and similarly violating the municipal code.

The suit additionally posits that the council is in violation of the requirements of the final site development plan and calls the re-vote “arbitrary and capricious.”

To view the complete petition that was filed, click HERE.