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STATE EX REL. DEPARTMENT OF TRANSPORTATION v. SUTHERLAND LUMBER AND HOME CENTER

No. 109,301. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 3.

295 P.3d 614 (2013)

2013 OK CIV APP 9

STATE of Oklahoma ex rel., DEPARTMENT OF TRANSPORTATION, Plaintiff/Appellee, v. SUTHERLAND LUMBER AND HOME CENTER, INC., a Missouri Corporation, Successor in Interest to Sutherland Building Material, Inc., a Missouri Corporation; and The Tulsa County Treasurer, Defendants/Appellants.

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

January 4, 2013.

Attorney(s) appearing for the Case

Kelly F. Monaghan , Lori Gilliard , John M. Folks , Holloway & Monaghan, Tulsa, Oklahoma, for Plaintiff/Appellee.

Robert J. Nichols , Brian A. Curthoys , Nichols & Curthoys, Tulsa, Oklahoma, for Defendant/Appellant, Sutherland Building Materials, Inc.

BRIAN JACK GOREE, Judge.

¶ 1 Defendant/Appellant, Sutherland Building Material, Inc. (Sutherland), seeks review of the trial court's order refusing to vacate its order awarding costs to Plaintiff/Appellee, State of Oklahoma ex rel. Department of Transportation (ODOT) in ODOT's condemnation action. The legislatively prescribed procedure for condemnation does not authorize a cost award against a party who has not demanded a jury trial. Therefore, we reverse the...

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