IN RE: DETACHMENT OF MUNICIPAL TERRITORY FROM THE CITY OF ADA, 352 P.3d 1196

In Feb 2013 the City of Ada passed Ordinance No. 13-02 annexing territory in Pontotoc County; several landowners in the annexed area (Petitioners) challenged the ordinance.
Petitioners alleged the City failed to mail statutorily required certified-mail notice to owners of parcels of five acres or more used for agricultural purposes who abut the annexation boundary.
The City mailed certified mail to owners within the annexed territory and first-class mail to owners abutting the public right-of-way boundary; the City submitted an "Affidavit of Mailing."
At trial one abutting agricultural owner (Plumlee) testified he received no prior notice. The trial court found the statute ambiguous and held substantial/actual notice sufficed, denying relief but certifying the order for immediate appeal.
The Oklahoma Supreme Court granted certiorari and reviewed whether strict statutory compliance with 11 O.S. §21-103(B)(2) (certified-mail requirement) is required.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the certified-mail notice requirement in 11 O.S. §21-103(B)(2) may be satisfied by substantial compliance/first-class mail	Statutory language is mandatory; certified mail to owners of ≥5 acres used for agriculture (including abutting owners) is required and failure invalidates the annexation	Statute is ambiguous; substantial compliance and actual notice are sufficient; mailing first-class to some and certified to others was adequate	The Court held strict compliance is required; substantial compliance is insufficient and the annexation is invalidated
Whether owners abutting the right-of-way who own ≥5 agricultural acres must receive certified notice (even if not inside annexed parcels)	Such abutting agricultural owners are protected by the statute and subsection C (roadways considered part of territory), so they must receive certified notice	City argued it made no sense to treat abutting owners differently and contended notice need not be certified to that class	The Court construed the statute to require certified mail to both agricultural owners within the annexed territory and those owning ≥5 acres that abut the boundary

In re: De-Annexation of Certain Real Property from the City of Seminole, 102 P.3d 120 (Okla. 2004) (municipal annexation subject to statutory limits; courts review compliance with state law)
Garcia v. Ted Parks, L.L.C., 195 P.3d 1269 (Okla. 2008) (failure to comply with notice requirements deprives official actor of jurisdiction; defective notice can render action void)
State ex rel. Edmondson v. Native Wholesale Supply, 237 P.3d 199 (Okla. 2010) (statutory interpretation reviewed de novo)
Jones v. Oklahoma City, 250 P.2d 17 (Okla. 1952) (annexation ordinance must recite jurisdictional facts; interested parties may attack where jurisdictional facts absent)
Kluver v. Weatherford Hospital Authority, 859 P.2d 1081 (Okla. 1993) (appellate review principles for legal rulings)