Date: 06-30-1997

Case Style: State of Oklahoma, ex rel. Department of Transportation v. Georgia Kyle

Case Number: CJ-92-3384

Judge: Ron Shaffer

Court: District Court of Tulsa County

Plaintiff's Attorney: Alfred K. (Kent) Morlan of Morlan & Associates, P.C., Tulsa, Oklahoma

Defendant's Attorney: James E. Frasier and Gary Brasel of Frasier, Frasier & Hickman, Tulsa, Oklahoma.

Description: Condemnation (eminent domain) of 2 acres from the front of a acreage property located in the Bird Creek bottom east of Skiatook, Oklahoma. Property claimed that the construction of a new bridge and highway caused the failure of a privately constructed and maintained levy up stream from her property with resulting more frequent flooding. The Highway Department denied that the highway had anything to do with the levy failure and resulting flooding. The Commissioners' award was $4,000. The State offered $12,000 to settle the case and property demanded $42,000.

Outcome: Defendant's verdict for $13,000.

Plaintiff's Experts: Unknown

Defendant's Experts: Don Wilson, Claremore, Oklahoma, appraiser and Mike Sisemore, Locust Grove, Oklahoma, appraiser.

Comments: The property owner's attorneys filed a fee application seeking attorney fees of more than $50,000 and expert witness fees of approximately $25,000. Defendant's attorneys sought to be paid $300 and $250 respectively. The Court reducted the hourly rates of each to $250 and $200.