September 23rd, 2025 — By — In News & Events
A Win for the Property Owner From the Oklahoma Appellate Court
OCA’s Oklahoma Primary Member, Kim Ritchie, and Affiliate Member Nick Atwood, received a successful appellate decision last month in which the Oklahoma State Court of Appeals affirmed the trial court’s decision awarding fees and costs to the landowner in an eminent domain case. The state Department of Transportation (DOT) challenged the trial court decision on (1) the fee and cost award on equal protection grounds and (2) improper inclusion in the jury verdict of tort related damages to the remainder property. The DOT’s contractor’s actions, damaging property outside of the take area, was a key issue in the case. The project design also resulted in substantial silting of a lake which was a feature of the property that had a highest and best use for residential development. Congratulations to Kim, Nick and their client for a battle hard fought and a job well done!
