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STATE EX REL. DEPARTMENT OF TRANSP. v. POST

No. 102,101.

125 P.3d 1183 (2005)

2005 OK 69

STATE of Oklahoma, ex rel. DEPARTMENT OF TRANSPORTATION, Petitioner, v. Honorable Dynda R. POST, Respondent, and Jonnie Lee Biswell and Bessie M. Biswell, husband and wife; Bessie A. Biswell, LLC; and Dick York; The Kallay Group, Inc., Real Parties in Interest.

Supreme Court of Oklahoma.

October 11, 2005.

Attorney(s) appearing for the Case

Kelly F. Monaghan, Holloway & Monaghan, Tulsa, OK, for Petitioner, State of Oklahoma, ex rel., Department of Transportation.

K. Ellis Ritchie, K. Ellis Ritchie, P.C., Pryor, OK, for Real Parties In Interest, Jonnie Lee Biswell, Bessie M. Biswell, Bessie A. Biswell, LLC, Dick York, and The Kallay Group, Inc.

WATT, C.J.

¶ 1 The original action involves the petitioner's, State of Oklahoma, ex rel. Department of Transportation's (condemner/Department), condemnation of real property owned by the real parties in interest, Jonnie Lee Biswell and Bessie M. Biswell, husband and wife, Bessie A. Biswell, LLC, Dick York and The Kallay Group, Inc. (collectively, condemnees/land owners). Although the condemner paid the commissioners...

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