Having an official opinion from Attorney General Gentner Drummond in its favor seems to give Oklahoma County a legal ace in the hole in its dealing with Oklahoma City over the location of a new county jail, but in the meantime the civil lawsuit goes on ― somewhat less than civilly.

Oklahoma County is not a "superior sovereign" to Oklahoma City, as the county argued, but it does enjoy "immunity from Oklahoma City’s zoning power ... as it relates to the site of the new county jail" at 1901 E Grand Blvd., Drummond said in an official opinion issued Dec. 30.

So the county, represented by the district attorney's office, is going ahead with construction, over the pleading of Del City officials and human rights activists , starting the jail complex with a Mental and Behavior Care Center paid for with nearly $40 million from the American Rescue Plan Act.

However, until and unless the court acts, the many-faceted lawsuit remains active, with a pretrial hearing set for Jan. 23.

Tyler Media owner objects to subpoena of electronic communications

Advertising executive Tony Tyler, co-owner of Tyler Media , objected to the county's subpoena of his emails and text messages to and from fellow members of the Oklahoma County Criminal Justice Advisory Council, which he served as vice chairman until last fall , plus any documents, related to the jail site.

The Greater Oklahoma City Chamber of Commerce created the task force, commonly called CJAC, to work on jail overcrowding, among other challenges to criminal justice in the jail and court systems.

Attorneys for the Board of County Commissioners also subpoenaed copies of communications and documents Tyler has shared with members of the Oklahoma City Council, Planning Commission, city manager's office and the Oklahoma County Criminal Justice Authority, which runs the present jail.

The subpoena seeks records that are "irrelevant," "arbitrary and capricious," and "overly intrusive ... into the private affairs of Mr. Tyler," argue Tyler's attorneys, Chris Kannady and Terry M. McKeever with the Foshe & Yaffe Law Firm, in a court filing on Christmas Eve.

Tyler did not return a voice message left with Tyler Media's office at 5101 S Shields Blvd.

OK County asks judge to compel OKC to comply with discovery process that the city sought

Oklahoma City, represented in court by the municipal attorney's office, was "woefully inadequate" and late in answers to questions and requests for documents posed by the county as part of the discovery process, county attorneys argue in court filings.

The county asked the judge in the case to compel the city to comply, noting that city attorneys had met neither an initial Oct. 31 deadline for submitting records nor an agreed-upon extension until Nov. 20.

The county asserted that several claims, objections and denials by the city were off base.

OK County: OKC took its time answering discovery questions with inadequate replies

Questions the county posed as part of the pretrial process indicate that county officials believe the OKC Council improperly based its decision not to issue a building permit for the jail not on the concerns of OKC residents, but residents of Del City, which is less than a mile from the jail site.

The county asked the same regarding the Oklahoma City Council.

"Objection. ... property owners or those with interest that may be affected by a zoning ordinance (may) protest and be heard on zoning applications that may affect their rights or the surrounding area, including but not limited to the general health and welfare of the public at large. Those rights are not limited to municipal boundaries."

OK County wants OKC to admit that it would oppose any jail site

The county also asked the city to admit that it "had no intention of approving any jail site location because it is politically opposed to Oklahoma County building a jail at any location within Oklahoma City limits other than on the existing jail site" at 201 N Shartel Ave. downtown.

The city replied: "Denied. ... Objection. Misleading."

City attorneys said the Oklahoma City Council considered a broader range of issues, beyond the proximity of Del City, including the location of single-family homes, a nursing home and child care facility within 800 feet of the jail site.

The council also considered the location of Crooked Oak Public Schools and the Mid-Del School District's Epperly Heights Elementary School, both within a mile, the attorneys said.

OK County wants to know what Oklahoma City Council members were thinking when opposing 1901 E Grand Blvd. as jail site

In several instances, county attorneys said, the city submitted audio and video recordings of OKC Council and Planning Commission meetings, which are already publicly available, rather than submitting documents requested.

The county complained that the city refused to provide information designed to determine the thinking of the council and individual council members: "This request improperly seeks judicial inquiry into legislative motives of the Oklahoma City Council contrary to Oklahoma Law," they said.

The county doubted that the city provided all of the text messages the county sought: "There were only 2 text messages in total that were included in all the discovery, which seems unlikely given the political nature and high profile of the subject matter of this litigation," county attorneys complained.

The county complained it was city attorneys who insisted on the discovery process before trial — expected to last two to three days — but then provided less than half of the information the county asked for.

The county said the city has no justification for refusing to reveal the thinking of the Oklahoma City Council and its members: "The city's fact-based decision to deny special use permit is not the kind of decision that the City Council members may claim legislative privilege or immunity."

Critics disagree with AG opinion on jail site's proximity to 'security-sensitive establishments'

"Oklahoma County chose a location away from security-sensitive establishments like schools, daycares, and houses of worship. ... Any legitimate local interests have seemingly been handled by experts within Oklahoma City’s Planning Department and Planning Commission; both recommended approval."

The nearness of Crooked Oak Schools, 1901 SE 15, to the jail site at 1901 E Grand, one mile to the northwest, has been controversial. The county subpoenaed Superintendent Bradley Richards to give a deposition.

Also, Reliant Living Center of Oklahoma City, 2901 SE 22, is one-half mile south of the jail site, and Reliant Living Center, at 3317 SE 18 in Del City, is less than a mile to the east. The county subpoenaed depositions and records, including names, addresses and any criminal background checks of employees and residents since Jan. 1, 2022.