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STATE EX REL. DEPT. OF TRANSP. v. KELLY

No. 102,566.

156 P.3d 734 (2006)

2007 OK CIV APP 25

STATE of Oklahoma, ex rel. DEPARTMENT OF TRANSPORTATION, Plaintiff/Appellee, v. Davis KELLY and Anne Kelly, Defendants/Appellants, Roy Elmer Kelly and Callie Kelly Family Living Trust, both deceased, their known and unknown heirs, executors, administrators, legatees, devisees, trustees, creditors and assigns; Davis R. Kelly and Roma Lee Cox, Co-Trustees; and the LeFlore County Treasurer, Defendants.

Court of Civil Appeals of Oklahoma, Division No. 1.

Rehearing Denied December 22, 2006.

Certiorari Denied March 12, 2007.

Attorney(s) appearing for the Case

Ryan M. Roberts, K. Ellis Ritchie, Pryor, OK, for Defendant/Appellant.

Barry K. Roberts, Norman, OK, and Belva Brooks Barber, Tulsa, OK, for Plaintiff/Appellee.

Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 1.

LARRY JOPLIN, Judge.

¶ 1 This appeal arises out of a condemnation proceeding initiated by The Oklahoma Department of Transportation to acquire land, including landowners' home. Relief is sought by landowners from an order of the trial court directing them to (1) include Replacement Housing Payments as an integral part of any award of just compensation made by...

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