Date: 05-08-2014

Case Style: State of Oklahoma, ex rel. Department of Transportation v. Sunny Investment Properties, LLC, Whiteco Industries, Inc., Union Bank f/k/a Rose Rock Bank, and Tulsa County Treasurer

Case Number: CJ-2008-4722

Judge: Jefferson D. Sellers

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Jot Hartley

Defendant's Attorney: Bob Nichols for Whiteco Industries

Jim Kelley for Sunny Investment Properties, LLC

David Iski for Tulsa County Treasurer

Description: State of Oklahoma, ex rel. Department of Transportation v. Sunny Investment Properties, LLC, Whiteco Industries, Inc., Union Bank f/k/a Rose Rock Bank, and Tulsa County Treasurer

Issue # 1.
Issue: CONDEMNATION (CONDEMN)
Filed by: DEPARTMENT OF TRANSPORTATION
Filed Date: 07/08/2008
Party Name: Disposition Information:

Defendant: SUNNY INVESTMENT PROPERTIES LLC
Disposed: DISCLAIMER, 06/06/2013. Other.

Defendant: TULSA COUNTY TREASURER
Disposed: DISMISSED - SETTLED, 05/08/2014. Dismissed- Settled.

Defendant: UNION BANK
Disposed: DISMISSED - SETTLED, 05/08/2014. Dismissed- Settled.

Defendant: WHITECO INDUSTRIES INC
Disposed: DISMISSED - SETTLED, 05/08/2014. Dismissed- Settled.

The State of Oklahoma, ex rd. Department of Transportation (“ODOr’ hereafter) has taken 0.07 acres (3,182 sq/fl) of property in fee simple (Parcel 338), a perpetual utility easement covering .16 acres (6,757 sq/fl) (Parcel 338.1), and a temporary easement for providing a work area upon and covering the same area as the perpetual utility easement (Parcel 338.2 — 6,757 sq/ft or .16 acres). This temporary easement will automatically expire upon completion of the construction upon this highway project. Plaintiff has acquired the fee simple title in and to Parcel 338 of the subject property including airspace but excluding mineral interests, and including the right to use and remove any and all road building materials. The date of taking of the subject property was December 30, 2008.

Said property was owned by the Defendant, Sunny Investment Properties, LLC and was purchased from the Defendant Whiteco Industries, Inc. which claims a continuing interest in the award of just compensation payable as a result of the acquisition of the subject property by ODOT. Defendant Sunny Investment Properties, LLC has disclaimed any interest in the award and payment of just compensation in this case.

Plaintiff ODOT contends that the value of the land taken and damages sustained by Defendant landowners by reason of the ODOT taking are in the amount of not more than the amount shown on the acquisition appraisal of $96,0145.00.
Plaintiffs expert appraisal witnesses, Charles Small and Rick Ellis, have not yet completed their preliminary summary of just compensation Plaintiff’s contention as to the amount of just compensation to which the Defendants are entitled as a result of the taking. Therefore, Plaintiff’s opinion of the amount of just compensation due to Defendants as the result of the taking of Defendants’ property for Plaintiff’s highway project is subject to the final opinions of Mr. Small and Mr. Ellis on the amount of just compensation.

Condemnation of Defendant’s property incident to ODOT’s 1-44 expansion project.

Outcome: 05-08-2014 DISPCVDM 1 TULSA COUNTY TREASURER 89573405 May 8 2014 1:50:49:010PM - $ 0.00

SELLERS, JEFFERSON D.: PER PHONE CALL WITH BOB NICHOLS JURY TRIAL STRICKEN AS SETTLED. JOT HARTLEY APPEARS AND ANNOUNCES SETTLEMENT BY AGREEMENT FOR THE COMMISSIONERS AWARD OF $165,000.00. DEFENDANT WITHDRAWS DEMAND FOR JURY TRIAL WHICH RENDERS THE MOTION FOR SANCTIONS MOOT. PLAINTIFF TO SUBMIT JOURNAL ENTRY.

Plaintiff's Experts:

Defendant's Experts:

Comments: