PLAINTIFF’S OBJECTION TO DEFENDANTS TO SETTLE, MOTION FOR HEARING, OBJECTION TO BRIEF, PLAINTIFFS MOTION TO INCORPORATE TULSA METROPOLITAN AREA PLANNING COMMISSION SIGN PERMIT REVISION AND ADDITIONAL EXHIBITS, AND BRIEF IN SUPPORT
COMES NOW Plaintiff, August Wakat (“MORTGAGOR”), and respectfully moves this Court to incorporate newly submitted evidence and revised permit documentation from the Tulsa Metropolitan Area Planning Commission, Nathan Foster, (“TMAPC”) regarding the existing sign permit located at or near 23780 East Admiral Place, Catoosa, OK 74015 (Wagoner County), City of Tulsa Ordinance Number 20244, Code enforcement, Michael Rider, Case Number 69272-2023. In support of this Motion, Plaintiff states the following:
I. INTRODUCTION
Plaintiff initiated this action seeking relief related to real property interests and encumbrances involving Henry Winn, Linda Winn,“MORTAGEE” , and Lamar Advertising Company (“Lamar”), particularly concerning a billboard/sign located at the above-referenced address. In ACCORDDANCE WITH 41 OKLAHOMA STATUTE ANN 132, See exhibit (1)Notice to Quit, Certificate of Service, dated April 18th, 2024, Henry& Linda Winn, “MORTAGEE”,(2) Notice to Quit, Certificate of Service, dated April 26, 2024, Receptionist Hannah, Lamar Advertising Company. 2 PAGES TOTAL.
The City of Tulsa Code Enforcement (Michael Rider, Case No. #69272-2023) has indicated the existing sign permit (Registration No. 13706) is invalid or inaccurate due to a faulty legal description and/or incorrect site location.
Plaintiff has applied to the TMAPC for a Minor Revision to the Detail Site Plan & Landscape Plan to correct the legal description and site information for the billboard permit, referencing the sign’s actual ownership and underlying mortgage obligations.
Plaintiff now asks this Court to take judicial notice of, or otherwise incorporate into the record, the attached Application for Sign Permit (Minor Revision), along with supporting exhibits that clarify the property ownership, the municipal violations, and the updated sign permitting process.
II. FACTUAL AND PROCEDURAL BACKGROUND
Existing Sign Permit
The billboard was previously permitted under Registration No. 13706, but subsequent review by the City of Tulsa Code Enforcement revealed discrepancies in the legal description and property location, Rogers County, Oklahoma.
Lamar Central Outdoor, LLC (affiliated with Lamar Advertising Company) is listed as the operator of the sign, while Defendant Henry Winn,“MORTAGEE”, appears in certain underlying mortgage/lease documents.
Release Deed (July 09, 2024)
On or about July 09, 2024, Ms. Jodi Allgood executed a Release Deed referencing a $12 million release to Plaintiff, Mr. August J. Wakat, “MORTGAGOR”,covering property located in Wagoner County, OK, but which also implicates the sign location in Rogers County to be in violations.
The Release Deed clarifies that Plaintiff is the proper “MORTGAGOR”, and that any encumbrances related to the sign, twelve million dollar lien, should be maintained free of uncorrected municipal violations holding the defendants,“MORTAGEE”, liable under 2023 Oklahoma Statutes Title 16 Conveyances § 16-79.
Tulsa County Cases CV-2023-1583 and CV-2024-2320
The above-referenced suits involve, among other issues, the sign’s disputed location, ownership, and alleged code violations.
In these matters, the Court has recognized that certain regulatory aspects are governed by the City of Tulsa, the Tulsa Metropolitan Area Planning Commission, and/or the Tulsa County jurisdiction—rather than Wagoner County—due to the actual site’s annexation ordinance number 20244.
TMAPC Application for Minor Revision
On January 14, 2025, Plaintiff submitted to TMAPC the required forms, $200.00 payment, and supporting documents, requesting a minor revision to the existing sign permit.
This revision seeks to correct the sign’s legal description, reflect the true owner (Mr. Wakat), and address any city code violations so that the sign permit can be reissued without further encumbrances.
III. LEGAL AUTHORITY AND ARGUMENT
Judicial Notice and Incorporation of Records
Oklahoma courts have discretion to take judicial notice of records from administrative agencies, city planning commissions, and other entities if those records are relevant to the case at hand.
Incorporating the TMAPC application and related documents into the record will assist the Court in adjudicating property rights, encumbrances, and municipal compliance issues that are central to Plaintiff’s claims.
Relevance to the Pending Claims
The factual basis of Plaintiff’s suit involves alleged contractual breaches, code violations, and mortgage encumbrances related to the sign.
The TMAPC documents directly address whether the sign was properly permitted and whether the parties have complied with applicable city ordinances, which underlie or impact the Court’s determinations regarding property interests and possible injunctive or declaratory relief.
Efficient Case Resolution
By reviewing these updated permit documents and acknowledging the TMAPC’s pending or forthcoming decision, the Court can more efficiently resolve any disputes over the property’s correct legal description and whether Defendants have discharged or remain liable for code violations.
This will also allow the Court to avoid duplicative efforts or inconsistent rulings on issues that TMAPC is actively reviewing.
IV. REQUEST FOR RELIEF
WHEREFORE, Plaintiff, August Wakat, “MORTGAGOR” respectfully requests this Court:
GRANT Plaintiff’s Motion, allowing the attached Exhibit: Application for Sign Permit, NATHAN FOSTER “TMAPC” (Minor Revision, 17 PAGES) and supporting materials to be entered into the record of this proceeding.
TAKE JUDICIAL NOTICE of, or otherwise incorporate, the factual findings and any subsequent approvals or denials issued by the TMAPC regarding the sign permit revision.
RECOGNIZE that the Release Deed dated July 09, 2024, clarifies Plaintiff’s mortgage interest in the property and that Defendants’ “MORTAGEE”,obligations include remedying code violations or encumbrances as required by the City of Tulsa and TMAPC.
ORDER such other and further relief as this Court deems just and proper under the circumstances, including but not limited to:
A declaration concerning the validity and accuracy of the existing sign permit;
Enforcement of Defendants’ obligations to maintain the property and sign free of encumbrances;
Injunctive relief if necessary to prevent further violations of city ordinances.
Amendment XI of the United States Constitution:
"The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State."
Article IV, Section 4 of the United States Constitution:
"The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic Violence."
Article VI, Clause 3 of the United States Constitution:
"The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States."
Congress.gov
"Under Color of Law":
The term "under color of law" refers to actions taken by government officials within the bounds of their lawful authority, as well as actions that exceed that authority but are made to appear legal.
Under 18 U.S.C. § 242, it is a federal crime for anyone acting under color of law to willfully deprive someone of rights protected by the Constitution or U.S. laws.
LII / Legal Information Institute
Wakat v. Harlib (1958):
Respectfully submitted,
August J. Wakat (Pro Se,“MORTGAGOR”)
33050 Tall Timber Trace
Trinidad, CO 81082
719-680-1335
elroi81082@gmail.com
Dated: January 15, 2025
Plaintiff
EXHIBITS: (1)Notice to Quit, Certificate of Service of 1 page, dated April 18th, 2024, Henry& Linda Winn, “MORTAGEE”,(2) Notice to Quit, Certificate of Service of 1 page, dated April 26, 2024, Receptionist Hannah, Lamar Advertising Company.
Exhibit: Application for Sign Permit, NATHAN FOSTER “TMAPC” (Minor Revision, 17 PAGES)
Exhibit: Check Number 2180, Tulsa Metro Area Planning Commission, Nathan Foster. ______pages total.
CERTIFICATE OF SERVICE
I hereby certify that on this _ day of , 2025 a true and correct copy of the foregoing Plaintiff’s Motion to Incorporate TMAPC Sign Permit Revision and Additional Exhibits was served via U.S. Mail / in-person / upon the following counsel/parties of record:
Mack Greever 4. Schulte Roth & Zabel
Attorney for Mr. and Mrs. Henry & Linda Winn Sara E. Sofaneli
104 S. Missouri Ave., #200 919 Third Ave.
Claremore, OK 74017 New York, NY 10022
William Hickman (212) 756-2475
Attorney for Lamar Advertising Company, Patrick Selcer
330 West Gray Street, Suite 170
Norman, OK 73069
Tulsa County Court Clerk, 5. TMAPC, Nathan Foster
500 South Denver Ave. 175 East 2nd St.
Tulsa, OK 74103 Tulsa, OK 74103
Signature of August Wakat , Plaintiff
“MORTGAGOR”
