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

No. 105,297.

204 P.3d 1279 (2008)

2008 OK 103

STATE of Oklahoma, ex rel. DEPARTMENT OF TRANSPORTATION, Plaintiff/Appellee, v. Charles G. PERDUE and Linda Sharon Perdue, Husband and Wife, Defendants/Appellants, and Central National Bank, Poteau, Oklahoma; and the Leflore County Treasurer, Defendants.

Supreme Court of Oklahoma.

December 9, 2008.

Attorney(s) appearing for the Case

Barry K. Roberts, Norman, OK, for Plaintiff/Appellee.

K. Ellis Ritchie, Ryan M. Roberts, Pryor, OK, for Defendants/Appellants.

KAUGER, J.

¶ 1 The issue presented is whether the trial court erred by confirming the amended report of the commissioners, despite the fact that ODOT filed an exception requesting the amended report nearly two years after the statutory filing period had expired. We hold that it did.

FACTS

¶ 2 On July 2, 2004, the Oklahoma Department of Transportation (ODOT) filed a petition to condemn two parcels of real property, about one and a half acres...

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