Date: 02-24-2010

Case Style: State of Oklahoma, ex rel. Department of Transportation v. Armon Dee Ames

Case Number: CV-2004-401

Judge: J. Jeffrey Payton

Court: District Court, Adair County, Oklahoma

Plaintiff's Attorney: Jot Hartley, The Hartley Law Firm, P.L.L.C., Vinita, Oklahoma

Defendant's Attorney: Tim Baker, Tim K. Baker & Associates, Tahlequah, Oklahoma

Description: The State of Oklahoma, ex rel. Oklahoma Department of Transporation sued Armon Dee Ames on an eminent domain theory seeking to acquire by condemnation certain rights, title and interested in real property owned by Defendant.

The Commissioners' award was $10,000.

Taking came within 8 feet of the man’s trailer home. Landowner and appraisal witness argued proximity damages even though it constitutes personal property so I have an appealable issue if ODOT wants to pursue it. Also had a problem with obstruction of access to the landowner’s tavern business location. In building the new west side of the four lane, it cut off the use of the remaining original highway to the east and the access to the tavern located on the east side of the original highway. Really fun one to defend against. Landowner demanded $70,000 so I guess the glass is almost half full except for interest and fees.

Outcome: Defendant's verdict for $40,000.00.

Plaintiff's Experts: Charles Small

Defendant's Experts: Dwayne Spears

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