Legal Opinion

Perkins Whistlestop, Inc. v. State Ex Rel. Department of Transportation

Court of Civil Appeals of Oklahoma

Decided November 25, 1997No. 87795PublishedCited by 7 opinions

1Opinion of the Court

BUETTNER, Judge.

¶ 1 Appellee Perkins Whistlestop, Inc. (Whistlestop) sued Appellant, State of Okla homa, ex rel. Department of Transportation (ODOT), for inverse condemnation of one acre in Payne County in which Whistlestop held a leasehold interest. Whistlestop alleged that a taking had occurred when ODOT agreed to plug a tin whistle drainage pipe to benefit another landowner and such plugging resulted in intermittent flooding of Whistlestop’s leasehold. ODOT joined the landowners Kenneth and Helen McWherter (Landowners) as third-party defendants. After jury trial held March 18-20, 1996, the…

2Cases cited14 opinions

  1. Frazier v. Bryan Memorial Hospital AuthoritySupreme Court of Oklahoma · 1989
  2. Hayes v. Eateries, Inc.Supreme Court of Oklahoma · 1995
  3. Fent v. Oklahoma Nat. Gas, a Div. of OneokSupreme Court of Oklahoma · 1994
  4. State Ex Rel. Cartwright v. DunbarSupreme Court of Oklahoma · 1980
  5. State Ex Rel. McCaskill v. HallSupreme Court of Missouri · 1930

9 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. State ex rel. Oklahoma Capitol Improvement Authority v. United States Beef Corp.Court of Civil Appeals of Oklahoma · 2002
  2. Material Service Corp. v. Rogers County CommissionersCourt of Civil Appeals of Oklahoma · 2006
  3. Perry v. Grand River Dam AuthorityCourt of Civil Appeals of Oklahoma · 2013
  4. MATERIAL SERVICE CORP. v. TOWN OF FITZHUGHCourt of Civil Appeals of Oklahoma · 2014
  5. MATERIAL SERVICE CORP. v. TOWN OF FITZHUGHCourt of Civil Appeals of Oklahoma · 2014

2 more not listed; retrieve them via the Exa API.

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