Legal Opinion
State Ex Rel. Department of Highways v. O'Dea
Supreme Court of Oklahoma
Decided October 12, 1976No. 47872PublishedCited by 7 opinions
1Opinion of the Court
DOOLIN, Justice:
The question presented for decision is: does the district court have authority in a condemnation proceeding to order dismissal with or without prejudice after the state has taken possession and the award of commissioners has been distributed to the owners? The trial court of Choctaw County has not attempted to dismiss the state’s action with prejudice in the instant case but without prejudice. However, we do not feel this fact to be decisive of any of the issues herein. We hold that under these facts a trial court may not dismiss the state’s action with or without prejudice.
The…
2Cases cited6 opinions
- Graham v. City of DuncanSupreme Court of Oklahoma · 1960
- Plymouth & Shelby Traction Co. v. HartOhio Court of Appeals · 1913
- Oklahoma Turnpike Authority v. DyeSupreme Court of Oklahoma · 1953
- State Ex Rel. State Highway Commission v. BurksNew Mexico Supreme Court · 1968
- Northeast Texas Municipal Water District v. MimsCourt of Appeals of Texas · 1965
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Ward Petroleum Corp. v. StewartSupreme Court of Oklahoma · 2003
- State ex rel. Board of Regents v. McCloskey Brothers, Inc.Supreme Court of Oklahoma · 2009
- Curtis v. WFEC Railroad Co.Supreme Court of Oklahoma · 2000
- REVOLUTION RESOURCES v. ANNECYSupreme Court of Oklahoma · 2020
- Oklahoma Turnpike Authority v. Siegfried CompaniesCourt of Civil Appeals of Oklahoma · 2015
2 more not listed; retrieve them via the Exa API.