Whittington v. McMasters

1 Citing case

  1. Opinion No. 78-185

    Opinion No. 78-185 (1978) AG (Ops.Okla.Atty.Gen. Sep. 7, 1978)

    See also Oklahoma Gas and Electric Company v. Wilson and Company, 146 Okl. 272, 288 P. 316 (1930). It was noted by the Supreme Court in Bartlesville Electric Light and Power Company v. Bartlesville Interurban Ry. Co., 26 Okl. 453, 109 P.2d 228 (1910), that the right to sell light and power is not dependent upon any franchise, but the right to use the streets and public grounds of the city for that purpose does depend upon the consent of the city. In Oklahoma Gas and Electric Company v. Total Energy, Inc., 449 P.2d 917 (1972), the Court held: "We hold a franchise, granted by a municipality in compliance with Article XVIII, 5(a) of the Constitution, grants the holder a right to use public streets, and other public ways, for the purpose of maintaining and operating a business affected with a public interest within the municipality, and embraces the privilege of conducting such business.