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CITY OF OKLAHOMA CITY v. HAMILTON

No. 90,737.

984 P.2d 247 (1999)

1999 OK CIV APP 62

The CITY OF OKLAHOMA CITY, a municipal corporation, Plaintiff/Appellant, v. W.E. HAMILTON and Imogene Hamilton, husband and wife; also d/b/a Allstar Transfer and Storage Co. and Allstar Plastercraft Shop, Defendants/Appellees, Forrest "Butch" Freeman, as Treasurer of Oklahoma County, Oklahoma, and Shirley Darrell, F.G. "Buck" Buchanan, and Stuart Earnest, Sr., as Board of County Commissioners, Oklahoma County, Oklahoma, Defendants.

Court of Civil Appeals of Oklahoma, Division No. 1.

Rehearing Denied March 26, 1999.

Certiorari Denied May 19, 1999.

Attorney(s) appearing for the Case

William O. West, Daniel T. Brummitt, Jerry R. Fent, Oklahoma City, Oklahoma, For Plaintiff/Appellant.

Thomas Keltner, Oklahoma City, Oklahoma, and Michael J. Harkey, Oklahoma City, Oklahoma, For Defendants/Appellees.

Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 1.

OPINION

CARL B. JONES, Chief Judge:

¶ 1 The sole issue presented in this eminent domain case is whether the trial court correctly allowed the jury to include in the condemnation award, in addition to the value of the condemned land and building, the costs which the landowners incurred to move property...

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