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STATE EX REL. REGENTS v. McCLOSKEY BROS.

No. 105,228.

227 P.3d 133 (2009)

2009 OK 90

The STATE of Oklahoma ex rel. BOARD OF REGENTS FOR the OKLAHOMA AGRICULTURAL AND MECHANICAL COLLEGES, Plaintiff/Appellee v. McCLOSKEY BROTHERS, INC. an Oklahoma Corporation; Defendant/Appellant, Bank of Nichols Hills and County Treasurer of Payne County, State of Oklahoma.

Supreme Court of Oklahoma.

December 8, 2009.

Attorney(s) appearing for the Case

Randall Elliott, Pryor, OK, Barry Kent Roberts, Norman, OK, for Plaintiff/Appellee.

Harlan Gene Hentges, Edmond, OK, for Defendant/Appellant.

KAUGER, J.

¶ 1 This cause concerns an eminent domain proceeding brought by the Board of Regents for the Oklahoma Agricultural Colleges (appellee/Regents), against the McCloskey Brothers, Inc. (appellant/the landowner/McCloskey Brothers). The dispositive issues presented on certiorari1 are whether: 1) the Court is precluded from addressing a standing issue because the landowner did not appeal an interlocutory order of the trial court...

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