Legal Opinion

City of Midwest City v. House of Realty, Inc.

Supreme Court of Oklahoma

Decided June 29, 2004No. 100,064, 100,065PublishedCited by 20 opinions

1Opinion of the CourtEdmondson, J.

¶ 1 The central issue in this controversy is whether a municipality’s authority to condemn property for economic redevelopment and blight removal is limited to special statutes expressly giving such authority, or in the alternative whether a municipality may condemn property for blight removal and economic development pursuant to a general power of eminent domain. In this controversy a municipality and a public trust have jointly created, funded, and operated an economic redevelopment project that included the removal of blighted property. We hold that a municipality may not use a general…

2Cases cited7 opinions

  1. Berman v. ParkerSupreme Court of the United States · 1954
  2. Isaacs v. Oklahoma CitySupreme Court of Oklahoma · 1966
  3. Tulsa County Budget Board v. Tulsa County Excise BoardSupreme Court of Oklahoma · 2003
  4. City of Tahlequah v. Lake Region Electric, Cooperative, Inc.Supreme Court of Oklahoma · 2002
  5. City of Pryor Creek v. Public Service Co. of OklahomaSupreme Court of Oklahoma · 1975

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3Cited by20 opinions

  1. In Re Initiative Petition No. 382Supreme Court of Oklahoma · 2006
  2. House of Realty, Inc. v. City of Midwest CitySupreme Court of Oklahoma · 2004
  3. Scott v. PetersonSupreme Court of Oklahoma · 2005
  4. State Ex Rel. Oklahoma Bar Ass'n v. CombsSupreme Court of Oklahoma · 2008
  5. State ex rel. Board of Regents v. McCloskey Brothers, Inc.Supreme Court of Oklahoma · 2009

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