Oklahoma City Municipal Improvement Authority v. HTB12/20/1988
As Corrected January 5 and January 13, 1989.
As Corrected March 6, 1989.
As Corrected on Denial of Rehearing March 9, 1989.
THE OKLAHOMA CITY MUNICIPAL IMPROVEMENT AUTHORITY, A PUBLIC TRUST, AND THE TRUSTEES THEREOF, THE CITY OF OKLAHOMA CITY, A MUNICIPAL CORPORATION, AND THE OKLAHOMA CITY MUNICIPAL FACILITIES AUTHORITY, A PUBLIC TRUST, AND THE TRUSTEES THEREOF, APPELLANTS,
v.
HTB, INC., INTERPACE CORP., GHA LOCK JOINT, INC., P.S.A.T., INC., PHELPS, SPITZ, AMMERMAN & THOMAS, INC., PHELPS & SPITZ, INC., PAINTER & SPITZ, INC., BROOKS COLLIER, INGRAM & SPITZ, INC., FREDERICK J. SPITZ, PROJECT CONSTRUCTION CO., THE CONCHO CO., BREWER CONSTRUCTION CO., PCB, A JOINT VENTURE, AND THE BENHAM GROUP, INC., RGDC, INC., LRB & ASSOCIATES, INC., AND METRO WATER CONSULTANTS, APPELLEES.
L. Gene Gist, Sally E. Scott, Chris A. Pearson, Andrews, Davis, Legg, Bixler, Milsten & Murrah, Oklahoma City, for appellants Oklahoma City Mun. Imp. Authority.
Craig B. Keith, Diane D. Huckins, Asst. Mun. Counselors, Oklahoma City, for appellants Oklahoma City Mun. Authority and the City of Oklahoma City.
Kenneth McKinney, McKinney, Stringer & Webster, Oklahoma City, for appellees Interpace Corp. and GHA Lock Joint, Inc.
Kent E. Mast, G. Lee Garrett, Jr., Hansell & Post, Atlanta, Ga., for appellees Interpace Corp.
John B. Hayes, Looney, Nichols, Johnson & Hayes, Oklahoma City, for appellees HTB, Inc.
Ben L. Burdick, Arthur F. Hoge, III, Crowe & Dunlevy, Oklahoma City, for appellees PSA & T, Inc. and Spitz, et al.
Don Hamilton, Oklahoma City, for appellee LRB & Associates, Inc.
Ben T. Lampkins, Lampkin, Wolfe & McCaffrey & Tawwater, Oklahoma City, for appellee Metro Water Consultants.
John R. Couch, Hugh A. Baysinger, J. Roger Hurt, Pierce, Couch, Hendrickson, Johnston & Baysinger, Oklahoma City, for defendant Benham Group.
The opinion of the court was delivered by: SUMMERS, Justice.
Plaintiffs/appellants seek certiorari to resolve the question of whether statutes of limitation operate to bar their actions for recovery of damages allegedly caused by defendants' negligent design and construction of part of a municipal water system. Although numerous issues were raised before the trial court and the Court of Appeals, and were properly preserved in plaintiffs' petition to this Court, we limit ourselves to the single issue which resolves the matter, and hold that these actions are not barred by statutes of limitation or repose because the plaintiffs at all times pertinent acted in a sovereign capacity to protect vested public rights.
All parties agree that plaintiffs Oklahoma City Municipal Improvement Authority (OCMIA) and Oklahoma City Municipal Facilities Authority (OCMFA) function as public trusts established pursuant to Oklahoma statutes, with the plaintiff City of Oklahoma City (City) as beneficiary. Further, none of the defendants contest the factual statement from plaintiffs that OCMFA is the financing vehicle for public funds used in emergency repairs of the system and also processes and receives federal funds used to construct and maintain the system. The actions below focus upon Phase III of a plan for the extension and improvement of water mains from Lake Stanley Draper to the Oklahoma City Area, with this phase consisting of 8 1/2 miles of pipe stretching from the Draper Lake pumping station to Southeast 29th and Douglas Boulevard. On May 24, 1974 defendants completed work on Phase III and recommended its acceptance. Between July 10 an
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