Oklahoma City, OK – Oklahoma County has secured a significant legal opinion from the Oklahoma Attorney General’s Office, affirming the county’s immunity from Oklahoma City’s zoning powers in the ongoing dispute over the construction of a new county jail. The opinion, released by Attorney General Gentner Drummond, clarifies the relationship between the county and city, offering guidance on the jurisdictional battle that has played out over the past several months.
In his official opinion, Drummond stated that while Oklahoma City has authority over land use and zoning within its limits, Oklahoma County possesses immunity from these powers when it comes to the construction of county buildings, such as the new jail. Specifically, Drummond’s letter explained that Oklahoma County is not subject to the city’s zoning ordinances in this case, despite the fact that the land in question is located within the Oklahoma City limits. The county had purchased the property with the intention of building a new jail, following voter approval of a $260 million bond issue to fund the project.
The dispute began when the city denied a permit for the county’s proposed jail site, citing zoning concerns. Oklahoma County’s legal team argued that, as a sovereign governmental entity, the county was exempt from city zoning regulations, positioning itself as the “superior sovereign” in this case. This led to a legal standoff that saw the Oklahoma City Council reject the county’s plans.
In response, Oklahoma County filed an appeal, with the case eventually making its way to the state’s Attorney General. State Representative Jon Echols (R-Oklahoma City) played a key role in pushing for an official opinion, asking Drummond to weigh in on the dispute after the City Council’s decision.
Drummond’s opinion, issued just days before the end of the year, is a mixed victory for Oklahoma County. While the Attorney General affirmed that the county has immunity from the city’s zoning powers, he also pointed out that the county cannot claim “sovereign superiority” over the city in broader terms. This means that while Oklahoma City’s zoning laws cannot block the jail’s construction, the dispute is far from over. Oklahoma County still faces potential litigation and regulatory hurdles from the city, particularly around permitting for other components of the project, such as a planned mental health facility for arrestees.
Oklahoma County Commissioner Brian Maughan expressed his approval of the Attorney General’s ruling, stating that the opinion provides much-needed clarity and allows the county to move forward with its plans for the jail and the mental health facility. “We are pleased with the outcome,” Maughan said, adding that the county would proceed with the construction of the mental health center, funded in part by $40 million in pandemic relief funds.
Construction on the mental health facility, which will be located at 1901 E Grand Blvd. in Oklahoma City, is expected to begin within the next few weeks. The project, which is part of a broader effort to address the mental health needs of individuals in the criminal justice system, has been delayed by the ongoing zoning dispute. However, with the legal hurdles now cleared, county officials are optimistic that both the jail and the mental health center will soon break ground.
Despite the favorable opinion for Oklahoma County, the legal battle is not entirely over. The county and the city are still at odds over various aspects of the jail and mental health center projects, including issues related to permits and site development. Oklahoma County officials have indicated that litigation over these matters could continue, but they are hopeful that the new opinion will help resolve the key issues in their favor.
As the dispute moves forward, Oklahoma City officials have not yet issued a formal response to the Attorney General’s opinion. However, the city’s stance on the matter remains critical, as any further legal action could complicate the timeline for both the jail and mental health facility projects.
In the meantime, Oklahoma County officials are preparing to move forward with the plans that voters approved in 2022. The jail construction, which is part of a long-term effort to address overcrowding and improve conditions at the county’s existing detention facility, remains a top priority for county leaders.
The Attorney General’s opinion marks the latest chapter in a long-running saga of legal and political tensions between Oklahoma City and Oklahoma County over land use, government powers, and the future of criminal justice infrastructure in the region. While the ruling provides clarity for now, the ongoing litigation and potential conflicts between the two governing bodies suggest that further legal challenges could be on the horizon.
