Legal Opinion
State ex rel. Department of Transportation v. Sutherland Lumber & Home Center, Inc.
Court of Civil Appeals of Oklahoma
Decided January 4, 2013No. 109,301Published
1Opinion of the Court
BRIAN JACK GOREE, Judge.
T 1 Defendant/Appellant, Sutherland Building Material, Inc. (Sutherland), seeks review of the trial court's order refusing to vacate its order awarding costs to Plaintiff/Appellee, State of Oklahoma ex rel. Department of Transportation (ODOT) in ODOT's condemnation action. The legislatively prescribed procedure for condemnation does not authorize a cost award against a party who has not demanded a jury trial. Therefore, we reverse the cost award except to the extent Sutherland agreed to pay deposition costs.
12 On July 12, 2005, ODOT petitioned pursuant to 69 0.9$.2001…
2Cases cited7 opinions
- Broadwater v. CourtneySupreme Court of Oklahoma · 1991
- Board of County Comm'rs of Creek County v. CasteelSupreme Court of Oklahoma · 1974
- Williams Natural Gas Co. v. PerkinsSupreme Court of Oklahoma · 1998
- Kordis v. KordisSupreme Court of Oklahoma · 2001
- Gaylord v. State Ex Rel. Department of HighwaysSupreme Court of Oklahoma · 1975
2 more not listed; retrieve them via the Exa API.