A Green Country community is defending itself in court.

A group of residents is suing the City of Skiatook in hopes of keeping a one-cent sales tax from becoming permanent.

The fight has been brewing for months. Back in October, the sales tax extension was defeated when Tulsa County voters shot down the river tax. Another election was then held on December 9th. This time it *passed*, but the vote was held during the December ice storm.

The non-jury trial started Tuesday. Both sides gave opening statements and also called witnesses forward.

Basically some residents say they weren't given a chance to vote.

Because of the ice storm, one of the major polling locations was closed. The city says that decision wasn't up to them.

The courtroom, anything but quiet today as six Skiatook residents take on the town. They say December's sales tax vote shouldn't count.

Amanda Proctor, the plaintiff's attorney says, "People didn't know where to go. They assumed the election had been canceled and therefore did not have a chance to vote."

The ice storm hit the town just two days before the election. Two polling locations didn't have power, so one was shut down.

Proctor says, "A notice was posted in the breezeway not visible from the road, 8 1/2 by 11 sheet of paper."

That polling location was consolidated with a church more than a mile and a half west in a rural area. But the city says that wasn't their decision.

Martin Tucker, Town Coordinator says, "The town can call for an election, whether or not to have polling places open, who chooses polling places is completely up to the election board."

And today, the Osage County Election Board Secretary testified she made the choice. She says she "Combined the two because she could only find one generator.. And didn't want elderly voters in the cold"

It's now been 7 months since the sales tax vote that was supposed to pay for police, a sports complex, and a town electrical system. As the trial goes on, those plans are on hold. "We haven't looked ahead to talk to engineers, contractors or anybody else to develop plans on any of those projects."

Jenks, Collinsville, and Oklahoma City also held elections that same same day as did Coweta. They actually held a second vote in January because of low turnout.

The lawsuit, so far, has cost the city and its taxpayers close to $40,000. Skiatook did file a counterclaim asking for attorneys fees and damages. So if they win the trial, they would at least get the money back.