Date: 11-09-2012

Case Style: City of Tulsa v. Raintree Estates Condominiums Homeowers Association

Case Number: CJ-2004-2888

Judge: Jefferson D. Sellers

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Mark Douglas Swiney

Defendant's Attorney: David Meyer Anderson for Raintree Estates, Inc.

Brian A. Curthoys and Bradley Allen Jackson for Raintree Estates I Condominiums Homeowners Association and others

Gordon Wesley Edwards for Board of County Commissioners

Robert John Nichols and Dick Blakeley for L.J. Aloision, et al.

Description: The City of Tulsa sued Raintree Estates I Condominiums Homeowners Association and others on eminent domain theories seeking to acquire by condemnation certain rights, title and interests in Defendants' properties located on the west side of South Yale Avenue south of 71st Street for street widening purposes.

The Court appointed Jan Gordan, Jim Clark and George O'Connor as commissioners to appraise the properties. They awarded the Defendants $28,070 in damages.

All parties made demand for jury trial on the issue of damages for property taken and damage to the remainder.

Outcome: WHEREAS, Condemnor City of Tulsa filed this condemnation (eminent domain)1 proceeding on May 3, 2004, to acquire a temporary construction easement on real property of Defendant/Landowners, for the widening and improvement of South Yale Avenue, between East 71st Street and East 81st Street; and WHEREAS, the Court-appointed condemnation commissioners filed their report of Landowners’ just compensation on September 7, 2004; and

WHEREAS, on September 23, 2004 the Condemnor City of Tulsa deposited the full amount of said compensation into Court, thereby vesting ownership of the easement in City of Tulsa by action of law2 these funds have been disbursed to the several parties and to the attorneys; and

WHEREAS, several parties have filed a Demand for Jury Trial, but the parties have agreed to withdraw all demands and objections, and close the case.

NOW THEREFORE, IT IS THE ORDER OF THIS COURT:

All issues having been resolved, and all demands and objections having been withdrawn or waived, this Agreed Journal Entry of Judgment shall issue, the parties discharged, and the Case Closed.

Plaintiff's Experts:

Defendant's Experts:

Comments: Editor's Comment: This condemnation case raised the question of who should receive moneys due on the condemnation of condo property.