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Case Style: City of Lawton v. Dennis W. Merrifield
Case Number: CJ-2011-198
Judge: Gerald F. Neuwirth
Court: District Court, Comanche County, Oklahoma
Plaintiff's Attorney: Steven L. Greb
Defendant's Attorney: Dennis Ray Butler for Dennis W. and Mary Lou Merrifield
Jerry C. Cude for Board of County Commissioners of Comanche County and Barbara Burk County Treasurer Of Comanche County Oklahoma,
Description: City of Lawton sued Dennis W. Merrifield and Mary Lou Merrifield on eminent domain theories seeking to acquire by condemnation certain rights, title and interests in real property owned by them for public use.
The Court appointed Steve Aust, Hank Foster and David Means commissioners to appraise the fair market value of the property taken and the damages, if any, to the remainder.
The Commissioners filed a report awarding Defendants $25,000.00 for the property taken and damages to the remainder.
The parties filed demands for jury trial on the issue of damages.
Outcome: Defendants' verdict for $39,850.00.
Comments: Editor's Note: When a property owner obtains a jury verdict in his favor for an amount 10% in excess to the Commissioners' award, the property owner is entitled to reimbursement for his attorney's fees, expert witness fees and costs incurred.