Date: 10-31-2011

Case Style: State of Oklahoma, ex rel. Department of Transportation v. Oakbrook Investments, LLC

Case Number: CJ-2008-4865

Judge: Rebecca B. Nighingale

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Kelly F. Monaghan, John M. Folks and Lori Chambers Gilliard, Holloway & Monaghan, Tulsa, Oklahoma and Becky D. McDown, Oklahoma Department of Transportation, Oklahoma City, Oklahoma

Defendant's Attorney: Robert J. Nichols, Tulsa, Oklahoma for Oakbrook Investments, LLC and Grand Bank

William H. Hickman, Hickman & Fitzpatrick, P.L.L.C., Oklahoma City, Oklahoma for Lamar Companies

David Thomas Iski, Assistant District Attorney, Tulsa County, Oklahoma for Tulsa County

Description: The State of Oklahoma, ex rel. Department of Transportation sued Oakbrook Investments, LLC, Grand Bank Freeman Motor Sports, Deborah Engles, Lamar Companies and Tulsa County Treasurer on eminent domain theories seeking to acquire certain rights, title and interests in real property owned by Defendants for public purposes.

Jim Clark, Mick Cradick and Gary Fleener were appointed by the Court to perform a preliminary appraisal of the damages likely to be suffered by Defendants as a result of the taking. They awarded Defendants $480,000.00.

Both sides demanded a jury trial on the issue of damages.

NIGHTINGALE, REBECCA: CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF PRESENT AND REPRESENT BY KELLY MONAGHAN. DEFENDANT IS PRESENT AND REPRESENTED BY ROBERT NICHOLS. THE JURORS ARE CALLED AND SWORN TO QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. THE JURORS ARE ACCEPTED FOR CAUSE. PEREMPTORY CHALLENGES: PLAINTIFF: 1) G.K. GRIFFIN; 2) LINDA BOOKER; 3) TERRY GUSTIN. DEFENDANT: 1) SAMANTHA RUDD; 2) JASON NEFF AND 3) JACKY NORMAN. THE FOLLOWING JURORS ARE ACCEPTED AND SWORN TO TRY THE CAUSE: 1) WILLIAM GARRISON; 2) MICHAEL RHODES; 3) GARY TRENT; 4) RONALD WARNICK; 5) COLLIER FROST; 6) JAMES PENDERGRASS; 7) JASON DETMER; 8) ERIC SLAGLE; 9) AMBREEN CALSY; 10) TERRY RATZ; 11) SUSAN PAYNE; 12: CATHY DUCATO AND ALT) TANYA BETHEL. OPENING STATEMENTS ARE MADE. 6 WITNESSES SWORN. RULE WAS INVOKED. REPORTER ROBIN QUICK. PLAINTIFF PRESENTS EVIDENCE AND RESTS. DEFENDANT DEMURS AND DEMURRER AND DIRECT VERDICT IS GRANTED IN PART AND DENIED IN PART. DEFENDANT PRESENTS EVIDENCE AND RESTS. PLAINTIFF REQUEST FOR DIRECT VERDICT IS DENIED. BOTH SIDES REST. THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE SWEARING OF THE BAILIFF IS WAIVED AND AT 3:05 P.M., THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. AT 4:40 P.M., JURY RETURNS INTO OPEN COURT WITH THEIR VERDICT, WHICH IS READ IN OPEN COURT, ORDERED RECORDED AND FILED, AND IS, TO WIT: "WE, THE JURY, IMPANELLED AND SWORN IN THE ABOVE ENTITLED CAUSE DO UPON OUR OATHS FIND THE ISSUES: IN FAVOR OF THE DEFENDANT IN THE AMOUNT OF $428,333.00. JURORS CONCURRING, SIGNED - FOREPERSON - WILLIAM GARRISON - JURY DISCHARGED. WITNESSES SWORN: 1) BRIAN RICE; 2) DON WILSON; 3) ERIC SACK; 4) TOM MESHEK; 5) ROBERT BELL AND 6) OWEN ARD

Outcome: Defendants' verdict for $428,333.00.

Plaintiff's Experts:

Defendant's Experts:

Comments: Editor's Note: The litigation strategy normally pursued by Defendants in condemnation cases in Oklahoma is to obtain a jury verdict that is 10% greater than the Commissioners' Award, which, in this case was $480,000. They do this because Oklahoma law provides that when the verdict exceeds the Commissioners' award by 10%, the defendants are entitled to recover the attorney fees, expert witness fees and other costs associated with the case. That did not happen in this case.