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

No. 109,436. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 2.

298 P.3d 550 (2013)

2013 OK CIV APP 28

STATE of Oklahoma ex rel. DEPARTMENT OF TRANSPORTATION, Plaintiff/Appellant, v. Lewis METCALF and Bonnie Metcalf, Defendants/Appellees.

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

February 13, 2013.

Attorney(s) appearing for the Case

Barry K. Roberts , Norman, Oklahoma, for Plaintiff/Appellant.

Harlan Hentges , Harlan Hentges, PLLC, Edmond, Oklahoma, for Defendants/Appellees.

JANE P. WISEMAN, Judge.

¶ 1 Plaintiff State of Oklahoma ex rel. Department of Transportation (ODOT) appeals from an order of the trial court dismissing ODOT's petition to condemn a portion of property owned by Defendants Lewis and Bonnie Metcalf. Based on our review of the record and relevant law, we reverse the trial court's decision to dismiss and remand for further proceedings.

FACTS AND PROCEDURAL BACKGROUND

¶ 2 On February 10...

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