Legal Opinion

Board of County Commissioners v. Lowery

Supreme Court of Oklahoma

Decided May 9, 2006No. Nos. 98,361, 98,362, 98,363, 98,531PublishedCited by 18 opinions

1Opinion of the CourtLavender, J.

¶ 1 The issues in the present cause are as follows; (1) whether the County’s exercise of eminent domain in the instant cases is for public use in accordance with Article 2, § 23 and Article 2, § 24 of the Oklahoma Constitution and (2) whether the County’s taking for purposes of economic development of Muskogee County constitutes “public purposes” within the meaning of 27 O.S.2001 § 5 to support such a taking.

I

FACTS AND PROCEDURAL HISTORY

¶ 2 Plaintiff/Appellee County initiated condemnation proceedings against Defen-dani/Landowners1 for the purpose of acquiring temporary and permanent…

2Cases cited38 opinions

  1. Michigan v. LongSupreme Court of the United States · 1983
  2. Berman v. ParkerSupreme Court of the United States · 1954
  3. Hawaii Housing Authority v. MidkiffSupreme Court of the United States · 1984
  4. Kelo v. City of New LondonSupreme Court of the United States · 2005
  5. Wayne County v. HathcockMichigan Supreme Court · 2004

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3Cited by18 opinions

  1. In Re Initiative Petition No. 382Supreme Court of Oklahoma · 2006
  2. YOUNG v. STATION 27, INC.Supreme Court of Oklahoma · 2017
  3. State ex rel. Board of Regents v. McCloskey Brothers, Inc.Supreme Court of Oklahoma · 2009
  4. STATE ex rel. OKLA. STATE BD. OF MEDICAL LICENSURE AND SUPERVISION v. RIVEROSupreme Court of Oklahoma · 2021
  5. City of Midwest City v. House of Realty, Inc.Supreme Court of Oklahoma · 2008

13 more not listed; retrieve them via the Exa API.

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