Sullivant v. City of Oklahoma City

SIMMS, Justice.

¶ 1 A first impression question presented by this cause is whether damage done to an apartment by. police in the execution of a valid search warrant is a “taking” which requires compensation pursuant to Oklahoma Constitution Art. 2 § 24. We hold that such damage does not constitute a compensable taking within the meaning of Art. 2 § 24. We also hold that due to a disputed question of material fact on appellant’s theory of recovery based upon the Governmental Tort Claims Act, this ease must be remanded for further proceedings on that theory. We do not address other theories…