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CITY OF MIDWEST CITY v. HOUSE OF REALTY

Nos. 100,064, 100,065.

100 P.3d 678 (2004)

2004 OK 56

CITY OF MIDWEST CITY, a body corporate and politic, and a duly constituted and qualified municipality, Plaintiff/Appellee, v. HOUSE OF REALTY, INC.; Robert J. Barton; Pamela L. Barton-Stober; Douglas D. Stober; Kathy L. Givens; Sharlette R. Madison; Jeffrey C. Tackett; Harlan Drake; Phillis Casey; Keith Casey; Larry Phillips; Iris Jones; Donna Gunter; Diane Frith; Richard Spriggs; Leonard Sewell; Arthur Lewis; Danny Watson; Myron Nicewander; William Klukoske; Lawrence Hawkins, Defendants/Appellants. City of Midwest City, a body corporate and politic, and a duly constituted and qualified municipality, Plaintiff/Appellee, v. Shirley A. "Goetsch" Barton, Trustee of the Shirley A. "Goetsch" Barton Revocable Trust, dated September 23, 1992; Robert J. "Bob" Barton, Trustee of the Robert J. "Bob" Barton Revocable Trust, dated September 23, 1992, Defendants/Appellants.

Supreme Court of Oklahoma.

June 29, 2004.

Attorney(s) appearing for the Case

James R. Waldo, Mock Schwabe, Waldo, Elder, Reeves & Bryant, Oklahoma City, OK, for Plaintiff/Appellee.

Katherine E.F. Bolles, City Attorney, City of Midwest City, Midwest City, OK, for Plaintiff/Appellee.

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

EDMONDSON, J.

¶ 1 The central issue in this controversy is whether a municipality's authority to condemn property for economic redevelopment and blight removal is limited to special statutes expressly giving such authority, or in the alternative whether a municipality may condemn property for blight removal and economic development pursuant to a general power of eminent domain. In this controversy a municipality and...

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