STATE EX REL. DEPARTMENT OF HIGHWAYS v. COOK

No. 48126.

542 P.2d 1405 (1975)

STATE of Oklahoma ex rel. DEPARTMENT OF HIGHWAYS, Petitioner, v. David COOK, Judge of the District Court In and For Oklahoma County, State of Oklahoma, Respondent.

Supreme Court of Oklahoma.

Rehearing Denied December 16, 1975.


Attorney(s) appearing for the Case

Spencer W. Lynn, Atty., Legal Div., Dept. of Highways, Oklahoma City, for petitioner.

McClelland, Collins, Sheehan, Bailey, Bailey & Belt, Oklahoma City, for plaintiff Highland Hills Corp.


SIMMS, Justice:

Highland Hills Laymans Corporation, (Highland Hills) commenced an action in the trial court in the nature of reverse condemnation against the State of Oklahoma, ex rel. Department of Highways and the City of Oklahoma City.

The Department of Highways filed a special appearance and motion to dismiss for the reason there had been no physical taking of real property owned by Highland Hills and the amended...

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