Date: 09-06-2011

Case Style: State of Oklahoma, ex rel. Department of Transportation v. David James Harris

Case Number: CJ-2005-326

Judge: Dynda R. Post

Court: District Court, Rogers County, Oklahoma

Plaintiff's Attorney: Kelly Francis Monaghan, John Martin Folks and Robert Edward Grantham

Defendant's Attorney: Kim Ritchie and David Franklin Duval for David James Harris

Description: The State of Oklahoma, ex rel. Department of Transportation sued David James Harris; the Estate of Minnie Brunson, deceased, her successors and assigns; Bill Brunson; and Roberts County Treasurer on an eminent domain theory seeking to acquire certain rights, title and interests in real property owned by defendants or in which they might claim an interest by condemnation for public use.

The Court appointed Richard Thomas, D.D. Stimson and Kathy Geyer as commissioners to appraise the property taken and damages, if any, to the remainder. They reported that they believed Defendants were entitled to $94,000 in damages.

The State deposited $94,000 with the clerk of the court to take title to the property pending resolution of the issue of damages which was withdrawn per order of the court to Defendants.

Both parties filed demands for jury trial on the issue of damage.

The Court order the parties to engage in ADR in an effort to resolve the issues without trial.

Outcome: Settled for $117,000.

Plaintiff's Experts:

Defendant's Experts:

Comments: