Legal Opinion

State ex rel. Department of Highways v. Maloney

Court of Civil Appeals of Oklahoma

Decided June 3, 1975No. 47058PublishedCited by 3 opinions

1Opinion of the Court

BOX, Judge:

An appeal by the State of Oklahoma ex rel. Department of Highways, from a jury verdict in a condemnation proceeding.

On October 11, 1972, plaintiff filed Case No. C-72-154 against the defendant in Cherokee County District Court pursuant to 69 O.S.1971, § 1203. After the commissioner’s report was filed on March 6, 1973, both the plaintiff and defendant filed demands for jury trial. A trial was held on September 12, 1973, and the jury returned a verdict for the defendant in the amount of $46,000.00.

The land taken by plaintiff was a narrow strip, approximately 2.9 acres, that *465fronted…

2Cases cited5 opinions

  1. Jacksonville & Savanna Railroad v. KidderIllinois Supreme Court · 1859
  2. State Ex Rel. Eastvold v. SUP'R CT. FOR SNOHOMISH CTY.Washington Supreme Court · 1956
  3. Doty v. City of JacksonvilleSupreme Court of Florida · 1932
  4. East Peoria Sanitary District v. Toledo, Peoria & Western RailroadIllinois Supreme Court · 1933
  5. Pursiful v. State Road CommissionCourt of Appeals of Kentucky (pre-1976) · 1926

3Cited by3 opinions

  1. State Ex Rel. Department of Transportation v. MinorCourt of Civil Appeals of Oklahoma · 2009
  2. State v. PenningtonCourt of Civil Appeals of Oklahoma · 2018
  3. STATE ex rel. DEPT. OF TRANSPORTATION v. PENNINGTONCourt of Civil Appeals of Oklahoma · 2018

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