This week, the Supreme Court of Oklahoma overturned the City of Tulsa's $7.1 million payment to Bank of Oklahoma, the 2008 settlement in the lawsuit over defunct Great Plains Airlines. The case came before the court because of a group of Tulsa taxpayers who filed a taxpayers' demand, or Qui Tam action, asserting that the payment was unlawful.

The settlement of the Great Plains lawsuit was cited by City Councilor John Eagleton in his January 28, 2010, letter to Mayor Dewey Bartlett, Jr., as one of eight instances demonstrating that Deirdre Dexter was not competent to serve as City Attorney and should be removed from office. There were clear legal deficiencies in BOK's claim, and Dexter failed in her duty to the citizens of Tulsa by failing to advise then-Mayor Kathy Taylor of those deficiencies and failing to notify other public officials of Taylor's refusal to defend the city against defective claims.

In its decision, the Supreme Court majority cited some of the same deficiencies to which Eagleton called attention, noting that the statute of limitations had expired for BOK's claim against the city and that the unjust enrichment claim itself was unviable: "An unjust enrichment claim is not a viable cause of action in the instant matter as the City of Tulsa was not unjustly enriched by a failed business venture."

Here is the relevant section of Eagleton's January 28, 2010, letter to Bartlett:

This issue arises out of Mrs. Dexter's failure to properly advise or defend her client regarding the legal defenses and issues surrounding a lawsuit. Due to lack of competent counsel, the City of Tulsa settled a lawsuit against it for over seven million dollars ($7,000,000.00).

Defenses for the City of Tulsa included statute of limitations, governmental tort claims act, and common law. These defenses were either not explained with sufficient clarity for the City to make a proper decision, not pursued with due diligence, or if explained to the Mayor (a recent board member of the de facto Plaintiff), Mrs Dexter was under an obligation to notify other elected officials of the Mayor's specific intent to pay the plaintiff regardless of the law on the issue.

Since Mayor LaFortune refused to agree to the same settlement, presumably because he believed it was unlawful and completely indefensible. Mrs. Dexter was under a duty to notify the Council of the Mayor's conflict of interest and receive their input as well, before settling a $7,000,000.00 case without a fight.

As a result, the same day the plaintiff filed an amended petition naming the City of Tulsa as a defendant, the City submiitted its Answer. The next day a joint motion for approval of settlement was submitted, parties appeared before the judge, and it was approved.

Mrs. Dexter's inability to properly advise the Mayor or the Council of the legal defenses and the weight to be given to each, caused the taxpayers of the City of Tulsa to pay a judgment they had little or no legal responsibility for. There is currently a qui tam action pending as an attempt by some taxpayers to recover the monies paid to the plaintiff.

It should be noted that, as a member at the time of the Tulsa Airports Improvements Trust (TAIT), Dewey Bartlett, Jr., voted to approve the Great Plains Airlines settlement that the Supreme Court has now overturned.