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CITY OF MARLOW v. BOOKER

No. 96,701.

46 P.3d 173 (2001)

2002 OK CIV APP 51

CITY OF MARLOW, A Municipal Corporation, Plaintiff/Appellee, v. Stanley D. BOOKER; Paula J. Booker; James L. Davis and Jane Davis, Defendants/Appellants, and Hugh Gatlin, Trustee of the Hugh Gatlin Revocable Trust; Ruth Gatlin; Alvie Tatum; Billie Burrow Payne; William T. Payne, Mary Purdum Wade; the unknown Trustees of the Harry W. Hill Trust; Robert C. Lyle; Howard Hill; Rebecca Hill; Martha Ann Grubb; Beatrice Lewis; First National Bank & Trust Co. of Ada; Robert Hefner; GHK Company; The Hefner Company, Inc.; SCE Petroleum, L.L.C.; Nova Goodrich, Stephens County Treasurer, and The Board of County Commissioners of Stephens County, Defendants.

Court of Civil Appeals of Oklahoma, Division No. 3.

Rehearing Denied December 28, 2001.

Certiorari Denied April 2, 2002.

Attorney(s) appearing for the Case

Tom Frailey, Fleming, Frailey, Chafen, Cordell, Greenwood & Perryman, LLP, Chickasha, OK, for Plaintiff/Appellee.

George D. Sherrill, Jr., DeBois, Sherrill & Reynolds, Duncan, OK, for Defendant/Appellants.

Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 3.

CAROL M. HANSEN, Chief Judge.

¶ 1 Defendant/Appellants, Stanley D. Booker, Paula J. Booker, James L. Davis, and Jane Davis (collectively Landowners), seek review of the trial court's order granting the motion of Plaintiff/Appellee, City of Marlow (City), to dismiss Landowners' counterclaim for inverse condemnation in City...

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