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HOUSE OF REALTY v. CITY OF MIDWEST CITY

No. 99,422.

109 P.3d 314 (2004)

2004 OK 97

HOUSE OF REALTY, INC.; Robert J. Barton, Individually and as Trustee of the Robert J. Barton Revocable Trust and successor Trustee of the of the Shirley A. "Goetsch" Barton Revocable Trust; and Pamela Barton-Stober, for themselves and for all other citizens, residents and taxpayers of the City of Midwest City, Plaintiffs/Appellants, v. CITY OF MIDWEST CITY, a municipality of the State of Oklahoma; Midwest City Memorial Hospital Authority, a public trust of the State of Oklahoma, Defendants/Appellees.

Supreme Court of Oklahoma.

December 21, 2004.

Attorney(s) appearing for the Case

Terry Guy Shipley, Norman, OK, for Plaintiffs/Appellants.

Joseph H. Bocock, Stephanie L. Reaugh, Mary Ellen Ternes, McAfee & Taft, Oklahoma City, OK, for Defendants/Appellees.

¶ 0 Landowners sought an injunction in the District Court to prevent a municipality from taking their land in related condemnation proceedings. They also sought declaratory relief that the actions of a public trust were contrary to state statutes. The Honorable Daniel Owens, District Judge, granted a partial summary judgment for Defendants on two issues and at a subsequent non-jury trial held for the Defendants on the remaining...

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