Law firms for Del City take on Okla County over jail location

DEL CITY — A bigger struggle is ahead for Oklahoma County Commissioners who are trying to find a location for the new jail other than the current site downtown before some funds are no longer available.

“The commissioners are just determined to keep the new jail out of downtown,” frustrated Del City Councilmember Michael Dean told Free Press Wednesday.

Dean said that the city has now hired two law firms to join efforts with the firm of Del City’s City Attorneys to take on the Oklahoma County Commissioners and fight the effort.

The Del City Council passed a resolution in February to order city staff to start preparing finances for a lawsuit if the Oklahoma County commissioners moved forward on their plan to locate the new jail within about 700 feet of a solid Del City residential neighborhood that has an elementary school in the middle of it.

The site is at 1901 E. Grand Boulevard on land that was once the failed Hamilton Courts Public Housing project. It is also next to the current Crooked Oak School District’s Sports Complex.

crooked oak
The various sites figuring into the debate about where to place the new Oklahoma County Jail. (Google Maps + mods)

However, commissioners are angling to execute a land swap where the district could have a comparable piece of land closer to the district’s unified campus and use bond money that passed for a new sports complex there.

Law Firms

Dean told us that in addition to the firm of their City Attorneys, Mueller, Wheeler, and Associates, the Fellers Snider law firm had also been employed as well as the White and Weddle law firm to prepare for legal battle against the Oklahoma County Commissioners.

Much has been made by local media of the fact that one OKC city council member, Mark Stonecipher, is a director and shareholder in the Fellers Snider firm. 

Mark Stonecipher
Ward 8 Councilor Mark Stonecipher in 2019. (file, B.DICKERSON/Okla City Free Press)

Other news outlets have speculated that because Stonecipher is connected to the Fellers Snider firm, he might recuse himself if the proposal to rezone 1901 E. Grand gets past the OKC City Planning Commission and ends up on a City Council agenda.

And, from comments Oklahoma City Municipal Counselor Kenneth Jordan has made to The Oklahoman about advising Stonecipher to do so, it seems likely that Stonecipher would recuse.

If that happens, then further speculation is that it would be a possible tie vote on the council which would not allow the zoning change.

But, Stonecipher has remained silent and not responded to any news organizations’ questions to date. As well, only one of the other City Council members, Todd Stone, has given their opinion on what they might do. In his case he is skeptical of having the jail locate in that area which is in his ward.

In our discussion with Del City Councilman Dean, he was adamant that their choice of the Fellers firm was not because of Stonecipher but because another director and shareholder in that firm is Del City’s Presiding Municipal Judge, Blaine Nice, who is a native son of Del City.

“He grew up here, went to high school here, he has every last reason to want to help preserve our way of life,” said Dean.

Timeline

Wednesday, the City of Oklahoma City sent out a press release to the news media about the zoning application from the county commissioners for 1901 E. Grand.

It stated that the City of OKC was in receipt of the application for rezoning.

The press release gave several points of information that show the possible timeline:

  • The special permit application was filed on March 14.
  • City staff are required to mail notices to property owners within 300 feet of the special permit boundary.
  • Mail notices are required to be sent at least 20 days before the Planning Commission meeting.
  • The City of OKC will announce hearing dates for the Planning Commission and the City Council as they are set.

The Planning Commission will hear the request after staff have had an opportunity to review the application and make their recommendations.

The tentative Planning Commission hearing date is listed by the City of OKC as April 25th, 2024 at 1:30 pm in the Council Chambers, Third Floor Municipal Building, 200 North Walker Avenue, Oklahoma City, Oklahoma.

The next stop for the application after the Planning Commission is to the City Council.

Some funds have time limit for spending

Oklahoma County still has $50 million of American Rescue Plan Act funds reserved for use in building the new jail — $40 million for a mental health facility on the same campus as the jail and $10 million for the jail.

However, commissioners are seeing the calendar moving forward as negotiations on a site and with the City of Oklahoma City continue to stall.

And, if the county does not get started on the jail and start encumbering those funds soon, they risk losing all of it according to commissioners.


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Founder, publisher, and editor of Oklahoma City Free Press. Brett continues to contribute reports and photography to this site as he runs the business.