Date: 04-05-2016

Case Style: State of Oklahoma, ex rel. Department of Transportation v. Betty Joy Rowland Young, Betty Rowland Nursery School, Inc.

Case Number: CJ-2009-194

Judge: Mary Fitzgerald

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Tom Gann

Defendant's Attorney: Doug Dodd, Brian Curthoys and Antony Liolios

Description: Tulsa, OK - The State of Oklahoma, ex rel. Department of Transportation sued Betty Joy Rowland Young and Betty Rowland Nursery School, Inc. on eminent domain theory seeking to acquire by condemnation certain rights, title and interest in real property for use for a public improvement.

The property in question was needed for a perpetual utility easement of 0.06 acres fronting on I-44.

The Commissioners appointed by the Court assessed the damages for the property taken and to the remainder at $494,576.00.

Outcome: CASE CALLED FOR JURY TRIAL ON 2-29-2016 THROUGH 3-3-2016. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF PRESENT AND REPRESENTED BY TOM GANN. DEFENDANT PRESENT, REPRESENTED BY DOUG DODD.
THE JURORS ARE CALLED AND SWORN TO QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. THE JURORS ARE ACCEPTED FOR CAUSE.

PEREMPTORY CHALLENGES WERE MADE AND 1 JUROR WERE EXCUSED FOR CAUSE.
12 JURORS WERE ACCEPTED AND SWORN TO TRY THE CASE.

FILE MINUTE:
PEREMPTORY CHALLENGES

PLAINTIFF: 3
DEFENDANT: 3

THE FOLLOWING JUROR WAS EXCUSED FOR CAUSE: 1 DUE TO ILLNESS
THE FOLLOWING JURORS ARE ACCEPTED AND SWORN TO TRY THE CAUSE: 12
ALTERNATE: NONE
OPENING STATEMENTS ARE MADE. WITNESSES SWORN. RULE WAS INVOKED. COURT REPORTER LISA FOSTER. DEFENDANT PRESENTS EVIDENCE AND RESTS. 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 ON 3-3-2016 AT 10:50 AM, THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. ON 3-3-2016 AT 12:10 THE JURY RETURNS INTO OPEN COURT WITH THEIR VERDICT, WHICH IS READ IN OPEN COURT, ORDERED RECORDED AND FILED, AND IS TO WIT:


VERDICT FORM

WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF: DEFENDANT IN THE AMOUNT OF $105,000.00

11 JURORS CONCURRING, SIGNED THE FOREPERSON. JURY DISCHARGED.



WITNESSES SWORN: 9


ALL PER JOURNAL ENTRY TO BE SUBMITTED BY PLAINTIFF'S ATTORNEY WITHIN THIRTY (30) DAYS.

Plaintiff's Experts: Edward Truitt, appraiser, Charles Small, review appraiser and Carl Cannizaaro, engineer

Defendant's Experts: Don Wilson, appraiser, Wayne Alberty, land use

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