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

Nos. 106,299, 106,471, 106,474.

236 P.3d 49 (2009)

2009 OK 41

2009 OK 42

2009 OK 40

STATE of Oklahoma, ex rel. DEPARTMENT OF TRANSPORTATION, Plaintiff/Petitioner, v. Al "Yogi" Kelly COLE; Bank of America; and The Cherokee County Treasurer, Defendants/Respondents. and State of Oklahoma, ex rel. Department of Transportation, Plaintiff/Petitioner, v. Paula Sissom and Granville Alvin Sissom, wife and husband; Frank Box and Buellah Box, husband and wife; and the Cherokee County Treasurer, Defendants/Respondents. and State of Oklahoma, ex rel. Department of Transportation, Plaintiff/Petitioner, v. Granville Alvin Sissom and Paula Sissom, husband and wife; Frank Box and Buellah Box, husband and wife; and the Cherokee County Treasurer, Defendants/Respondents.

Supreme Court of Oklahoma.

Rehearing Denied May 3, 2010.

Attorney(s) appearing for the Case

Jot Hartley, The Hartley Law Firm PLLC, Vinita, Oklahoma for appellant.

Tim Baker, Tim K. Baker and Associates, Tahlequah, Oklahoma for the appellees.

TAYLOR, V.C.J.

¶ 1 The first-impression issue presented to this Court on certiorari from the three interlocutory orders entered in condemnation proceedings is whether an application to withdraw funds which contains the phrase "pending trial on the issues by jury" constitutes a demand for a jury trial as required by title 69, section 1203 when the condemnor waits almost two years before filing a motion to strike the demand and only after the matter has been set...

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