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State ex rel. Cartwright v. Tidmore

674 P.2d 14, 1983 OK 116

Where the state is acting in its sovereign capacity and is suing to vindicate legal rights which are public in nature, rather than private, the suit is not barred by limitation of actions. The court found that assuring the rights of the public to have state contracts for services protected by written contracts and competitive bidding; provisions insuring government officials are accountable to the public and are discharging duties competently and responsibly; and laws requiring competitive bidding and written contracts protect the public at large by promoting economy in government and reducing the likelihood of fraud, were public rights against which the limitation of actions does not run. This case involved the state’s allegations of fraud and the court also noted that the public interest shall not be prejudiced by the negligence of public officers to whose care it is consigned.  See 74 O.S. §§85.1 and 85.7.

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