Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Date: 01-10-2014
Case Style: City of Bixby v. Carol L. Judd, Sandra A. Judd and Tulsa County Treasurer
Case Number: CJ-2011-4963
Judge: Daman H. Cantrell
Court: District Court, Tulsa County, Oklahoma
Plaintiff's Attorney: Tom R. Gann
Defendant's Attorney: Robert John Roberts and Brian A. Curthoys for Carol L. and Sandra A. Judd
Andrea A. Wyrick for Tulsa County Treasurer
Description: City of Bixby sued Carol L. Judd, Sandra A. Judd and Tulsa County Treasurer on eminent domain theories seeking to acquire by condemnation certain rights, title and interest in real property owned by the Judds for public use.
The Pre-Trail Order entered by the court for this case provided, in part, as follows:
Condenmation proceeding wherein Plaintiff is taking 6.0 acres plus improvements in fee simple to construct and maintain the Haikey Creek Flood Protection Project in Tulsa County, Oklahoma.
The Commissioners appointed by the Court awarded the Defendants $164,500.00
The date of taking was January 27, 2012.
The defendants demanded a jury trial on the issue of the amount of the damages sustained by them from the taking of their property and any damage to the remainder.
Outcome: 01-10-2014 CTFREE - 88015589 Jan 10 2014 3:26:55:420PM - $ 0.00 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 ROBERT NICHOLS.
THE JURORS ARE CALLED AND SWORN TO THEIR QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE.
OPENING STATEMENTS ARE MADE. 5 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 12:10 PM THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. AT 3:00 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, CAROL L. JUDD AND SANDRA A JUDD AND ASSESS COMPENSATION AT: $225,000, SIGNED BY THE FOREPERSON.
Plaintiff's Experts: Edward Truitt, appraiser
Defendant's Experts: Matt Ernest, appraiser
Comments: Editor's Note: Under Oklahoma law a property owner who is awarded damages by a jury that exceed the Commissioners' Award by more than 10%, which was the case in this case, is entitled to reimbursement of the attorney fees, expert witness fees and other costs incurred in litigating the amount of damages sustained as a result of the taking.