Kelley v. State ex rel. Department of Highways

WILLIAMS, Justice.

This is an appeal from a judgment of the trial court sustaining the motion for new trial filed by relator, defendant in error herein, in an action brought to condemn *487slightly more than 18 acres of defendants’ ranch and to obtain certain easement rights thereon for the purpose of relocating U. S. Highway No. 60 in Osage County, Oklahoma.

On appeal, reference will he made to the parties as they appeared in the trial court.

The ranch involved herein is owned by defendants Floyd and Kenneth Kelley and consists of approximately 3120 acres. A portion of this land is tilled, but the…