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JMA ENERGY CO., LLC v. STATE EX REL. DEPT. OF TRANS.

No. 109,089. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 2.

278 P.3d 1053 (2012)

2012 OK CIV APP 55

JMA ENERGY COMPANY, LLC, Plaintiff/Appellee, v. STATE of Oklahoma ex rel. DEPARTMENT OF TRANSPORTATION, Defendant/Appellant.

Court of Civil Appeals of Oklahoma, Division No. 2.

March 13, 2012.

Attorney(s) appearing for the Case

Michael E. Smith , Sharon T. Thomas , Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C., Oklahoma City, Oklahoma, for Plaintiff/Appellee.

Kelly F. Monaghan , Lori Gilliard , Holloway & Monaghan, Tulsa, Oklahoma, for Defendant/Appellant.

DEBORAH B. BARNES, Presiding Judge.

¶ 1 Defendant/Appellant State of Oklahoma ex rel. Department of Transportation (DOT) appeals the trial court's Order filed on December 14, 2010, denying DOT's exception to the report of appraisers. The issues on appeal concern the Oklahoma Surface Damages Act (SDA), 52 O.S.2011 §§ 318.2-318.9. DOT argues it is exempt from operation of the SDA and, therefore, Plaintiff/Appellee JMA Energy Company, LLC, (JMA...

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