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VERTEX HOLDINGS, LLC v. CRANKE

No. 104,815. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 1.

217 P.3d 120 (2008)

2009 OK CIV APP 10

VERTEX HOLDINGS, LLC, Plaintiff/Appellee, v. James CRANKE, II and Hope Cranke, husband and wife; and Steve A. Rush, Defendants/Appellants, Waldo Bales and Cecille Bales, husband and wife; and The Board of County Commissioners of Delaware County, Oklahoma, Defendants.

Court of Civil Appeals of Oklahoma, Division No. 3.

Rehearing Denied September 30, 2008.

Certiorari Denied January 20, 2009.

Attorney(s) appearing for the Case

Leonard M. Logan, IV, Donna L. Smith, Logan & Lowry, LLP, Vinita, OK, for Plaintiff/Appellee.

Kort A. Besore, Harris, McMahan, Peters, Thompson, & Stall, P.C., Tulsa, OK, for Defendants/Appellants.

KENNETH L. BUETTNER, Presiding Judge.

¶ 1 Defendants/Appellants James Cranke, II, Hope Cranke, and Steve A. Rush (collectively, Appellants) appeal the trial court's judgment granting Plaintiff/Appellee Vertex Holdings, LLC a perpetual easement of necessity over certain real property, awarding damages to Appellants, and awarding attorney fees to Vertex. The trial court erred in awarding a perpetual easement of necessity where the essential elements were not supported...

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