Date: 12-02-2013

Case Style: Independent School District No. 5 v. Patrick Taylor

Case Number: CJ-2007-6206

Judge: Mary Fitzgerald

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Roger Eldredge

Defendant's Attorney: Robert "Bob" Nichols

Description: Tulsa County, Oklahoma Independent School District No. 5 sued Patrick Taylor on an eminent domain theory seeking to obtain by condemnation certain rights, title and interests from Mr. Taylor and his wife for public use.

The Plaintiff, which is a public school district, initiated this lawsuit to condemn an approximately 12.7 acre tract of land owned by the landowners. The land is located near the intersection of 91st Street and Highway 75.

The commissioners appointed by the court to preliminarily assess the value of the land taken and damages to any remainder awarded Defendants $1.4 million.

The date of taking was July 15, 2008.

Defendants demanded a jury trial on the issue of damages.

Outcome: Defendants' verdict in the amount of $3.1 million.

Plaintiff's Experts: Lynn Schmook

Defendant's Experts: Don Wilson, appraiser; Eric Lombardi, city planning, James Basler, billboard site valuation

Comments: Editor's Note: Under Oklahoma law, property owners who are awarded damages 10% or more greater from a jury than was awarded by the commissioners appointed by the Court are entitled to recover their attorney fees, expert witness fees and certain other costs associated with litigating the issue of damages.

Judge Fitzgerald granted Plaintiff's Motion for New Trial and was reversed by the Oklahoma Court of Civil Appeals.