1. Home
  2. Browse Decisions
  3. P.3d
  4. 136 P.3d
  5. 136 P.3d 639 (2006)
 

COUNTY COM'RS OF MUSKOGEE CO. v. LOWERY

Nos. 98,361, 98,362, 98,363, 98,531.

136 P.3d 639 (2006)

2006 OK 31

The BOARD OF COUNTY COMMISSIONERS OF MUSKOGEE COUNTY, Plaintiff/Appellee, v. Edward L. LOWERY and Mary L. Lowery, Husband and Wife, Defendants/Appellants and Rural Water District No. 5, and the Muskogee County Treasurer, Defendants. The Board of County Commissioners of Muskogee County, Plaintiff/Appellee, v. Jack E. Whitten and Doris M. Whitten, Husband and Wife, Defendants/Appellants and Rural Water District No. 5, and the Muskogee County Treasurer, Defendants. The Board of County Commissioners of Muskogee County, Plaintiff/Appellee, v. Richard Hyslope, Defendant/Appellant and The Farm Credit Bank of Wichita Rural Water District No. 5, and the Muskogee County Treasurer, Defendants. The Board of County Commissioners of Muskogee County, Plaintiff/Appellee, v. Paul Hobbs and Diann Hobbs, Husband and Wife, Defendants/Appellants and Mary Murl Barrett, Bank of Cherokee County, Rural Water District No. 5, and the Muskogee County Treasurer, Defendants.

Supreme Court of Oklahoma.

May 9, 2006.

Attorney(s) appearing for the Case

C. Bart Fite of Wright, Stout, Fite & Wilburn, Muskogee, OK, Mark James Caywood of Mark James Caywood, P.L.L.C., Oklahoma City, OK, for Plaintiff/Appellee, County.

Harlan Hentges of Mulinix, Ogden, Hall, Andrews, & Ludlum, Oklahoma City, OK, for Defendants/Appellants, Landowners.

Stephen J. Scherer of Muskogee, OK, for Defendants/Appellants, Landowners Edward L. Lowery and Mary L. Lowery.

Jo Nan Allen of Tahlequah, OK, for Defendants/Appellants, Landowners Paul Hobbs and Diann Hobbs.

Tina Jordan of Tahlequah, OK, for Defendants/Appellants, Landowners Paul Hobbs and Diann Hobbs.

Eric J. Groves of Groves & Associates, Oklahoma City, OK, for The Institute for Justice, Amicus Curiae.

Dana Berliner of The Institute for Justice, Washington, DC, admitted pro hac vice, for The Institute for Justice, Amicus Curiae.

Daniel P. Muino of Gibson, Dunn & Crutcher LLP, San Francisco, CA, admitted pro hac vice, for The Institute for Justice, Amicus Curiae.

LAVENDER, J.

¶ 1 The issues in the present cause are as follows: (1) whether the County's exercise of eminent domain in the instant cases is for public use in accordance with Article 2, § 23 and Article 2, § 24 of the Oklahoma Constitution and (2) whether the County's taking for purposes of economic development of Muskogee County constitutes "public purposes" within the meaning of 27 O.S.2001 § 5 to support...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases