Date: 03-10-2013

Case Style: State of Oklahoma, ex rel. Department of Transportation v. Rausch Coleman Jenks, LLC

Case Number: CJ-2008-4866

Judge: Daman H. Cantrell

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: John M. Folks, Tom R. Gann and Becky D. McDown

Defendant's Attorney: Timothy T. Trump for JKJ Development, LLC

Gentner F. Drummond and Gary Michael Gaskins of ONB Bank and Trust

Description: State of Oklahoma, ex rel. Department of Transportation sued Rausch Coleman Jenks, LLC on an eminent domain theory seekin gto acquire certain rights, title and interests in Defendant's property for public use.

THORNBRUGH, P. THOMAS: HEARING TO APPOINT COMMISSIONERS HELD. STEVE ADAMS PRESENT FOR RAUSCH COLEMAN JENKS LLC, KELLY MONAGHAM AND BECKY MCDOWN PRESENT FOR D.O.T., GARY GASKINS PRESENT FOR ONB BANK AND TRUST AND BARK JAMES PRESENT FOR JKJ DEVELOPMENT LLC. ORDER APPOINTING COMMISSIONERS ENTERED. COMMISSIONERS APPOINTED ARE: JAN GORDAN, HOWARD KELSEY AND ED JACOBY.

THORNBRUGH, P. THOMAS: ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL OF RECORD ENTERED. THE COURT GRANTS ITS ORDER ALLOWING STEVEN J. ADAMS AND CHARLES R. WILLING OF FELLERS, SNIDER, BLANKENSHIP, BAILEY & TIPPENS, P.C. TO WITHDRAW AS COUNSEL OF RECORD.

RECEIPT # 2008-1572754 ON 12/09/2008.

PAYOR: STATE OF OKLA (DEPT OF TRANSPORTATION) TOTAL AMOUNT PAID: $ 1,021,000.00.

LINE ITEMS:

CJ-2008-4866: $1,021,000.00 ON AC51 COMMISSIONERS AWARD.

Both parties filed motions of jury trial on the issue of damages.

Issues in the Case read to the jury at the conclusion of the evidence:

The parties to this case are the Plaintiff, State of Oklahoma, Department of Transportation (ODOT), and JKJ Crossing, L.L.C.

ODOT initiated this condemnation proceeding wherein ODOT is taking from JKJ Crossing, L.L.C. 8.52 acres of permanent right-of-way in fee simple, and 2.77 acres of existing right-of-way for roadway purposes on Highway 75 in Tulsa County, Oklahoma.

ODOT has a right under state law to condemn and take the property, but it must pay just compensation to the lawndowner. JKJ Crossing, L.L.C. is entitled to receive just compensation for the land taken by ODOT. The only issue to be determined is the fair market value of the land taken as of December 9, 2008.

OUJI 2.1 (modified)

Outcome: CANTRELL, DAMAN: CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF PRESENT AND REPRESENTED BY TOM GANN. DEFENDANT PRESENT AND REPRESENTED BY TIM TRUMP. THE JURORS ARE CALLED AND SWORN TO THEIR QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE.

OPENING STATEMENTS ARE MADE. 6 WITNESSES SWORN. RULE WAS INVOKED. REPORTER ANN FITE. PLAINTIFF PRESENTS EVIDENCE AND RESTS.

THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE SWEARING OF THE BAILIFF IS WAIVED AND AT 1:26 PM THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. AT 2:15 PM THE 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, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE DO UPON OUR OATHS FIND THE ISSUES IN FAVOR OF THE DEFENDANT, JKJ CROSSING, LLC, AND AND ASSESS COMPENSATION AT $1,200,000.00.

Plaintiff's Experts:

Defendant's Experts:

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