Date: 02-08-1999

Case Style: The City of Oklahoma City, et al. v. W.E. Hamilton, et al.

Case Number: 90,737

Judge: Eugene H. Mathews

Court: District Court, Oklahoma County, Oklahoma

Plaintiff's Attorney: Willaim O. West, Daniel T. Brummitt, and Jerry R, Fent of Oklahoma City, Oklahoma.

Defendant's Attorney: Thomas Keltner and Michael J. Harkey of Oklahoma City, Oklahoma.

Description: Eminent Domain - Condemnation Award- Appellant City of Oklahoma (City) commenced this action in 1995 to acquire a piece of property near the "Bricktown" section of the city for its use in one part of the several public projects collectively known as Metropolitan Area Projects or "MAPS." Located on the property was a warehouse where Appellees W.E. and Imogene Hamilton operated two small businesses, one a moving and storage business. Appellees had property stored in the warehouse. Commissioners were appointed and fixed the value of the land and warehouse at $62,000. Both Appellees and City demanded a jury trial. The jury was instructed that it could award as "just compensation" for taking of Appellees' property "the amount…which the owners are entitled to receive by reason of the appropriation of the property…together with the reasonable value of the expenses necessary to move all of the personal property." The jury fixed the value of the Appellees' building and land at $85,000 and decided that Appellees were entitled to recover just over $60,000 for "moving expenses."

Outcome: Jury found in favor of the defendants, and awarded them $85,000 for their land and building, and $60,000 for moving expenses.

Plaintiff's Experts: None

Defendant's Experts: None

Comments: The decision was affirmed by the Court of Appeals of Oklahoma, Division No. 1. See: 984 P.2d 247 (Okla.Civ.App.Div. 1 1999). The date above reflects the date of the appellate decision and not the trial date. Reported by EMDH.