Empire Construction, Inc. v. City of Tulsa

BARNES, Judge.

This appeal arose out of an action by Appellant [plaintiff] against the Appellee [defendant] for alleged damages to plaintiff’s property on account of a proposed, but unfulfilled, plan to condemn the property for use in the construction, through the defendant City, 'of a system of limited access expressways i known as the “Master Expressway Plan.”

Plaintiff’s first alleged cause of action was in the nature of one for inverse condemnation. Its theory was that the an nounced plan to build the expressway through the property amounted, in effect, to an indirect taking, or…