Brewer v. City of Norman

(dissenting) :

I disagree with the majority opinion.

In my view where a city’s street improvements materially impair an abutting owner’s right of access to the street the abutting owner is entitled to compensation.

Art. II § 24, Okla.Const., provides:

“Private property shall not be taken or damaged for public use without just compensation. * * * ”

This section authorizes recovery for damages notwithstanding there is no physical invasion of plaintiff’s property if plaintiff suffers a special injury different in kind, and not in degree, from that suffered by the community in general. Atchison, T. &…