Kirby-Smith Machinery, Inc. v. City of Oklahoma City

BUETTNER, Judge:

T1 Kirby-Smith Machinery, Inc. sued Oklahoma City for a declaratory judgment in respect to dirt excavated by City pursuant to the temporary and permanent easements it had acquired through eminent domain proceedings. City's purpose was to install a drainage channel. It then intended to exchange the excavated dirt with a third party for another easement. Kirby Smith Machinery acquired title to the property after the eminent domain proceedings. The previous owner had accepted $70,000 as fair compensation for the taking. Kirby-Smith Machinery wanted to use the dirt as fill on the…