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CARTER v. CITY OF OKLAHOMA CITY

No. 75156.

862 P.2d 77 (1993)

Tony CARTER and Melba Carter (now Zelikovitz), and Melba Carter, personal representative of Tony Carter, deceased, Appellees, v. The CITY OF OKLAHOMA CITY, a municipal corporation, Appellant.

Supreme Court of Oklahoma.

October 26, 1993.

Attorney(s) appearing for the Case

James G. Hamill, Municipal Counselor, Jerry R. Fent, Asst. Mun. Counselor, Richard N. Mann, Oklahoma City, for appellant.

William F. Collins, Jr., William F. Collins, III, McClelland, Collins, Bailey, Bailey & Bellingham, David P. Henry, Coyle & Henry, Michael Gassaway, Oklahoma City, for appellees.

LAVENDER, Vice Chief Justice.

Two questions are presented for our review. The first is whether 27 O.S. 1991 § 12 or 66 O.S. 1991 § 55 controls in an inverse condemnation action. Second, whether the award of 6% prejudgment interest was insufficient compensation. We hold that 27 O.S. 1991 § 12 is controlling in an inverse condemnation case and that prejudgment interest was correctly assessed at 6%.

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