257 P.3d 422
Okla. Civ. App.2011Background
- Eminent-domain actions by City and Hospital Authority targeted Barton Trust and House of Realty property (Air Depot Tract/Marshall Tract) for an economic development project.
- City evicted tenants, took possession, and razed structures in April 2004 despite ongoing proceedings; later proceedings continued under urban renewal and different entity.
- Prior Oklahoma Supreme Court decisions (Realty I–III) addressed authority to condemn and validity of related urban renewal actions; Realty III upheld authority under urban renewal plan/blight findings.
- Plaintiffs filed seven-count petition seeking declaratory relief, damages, and civil rights claims, asserting inverse condemnation as a remedy for the April 2004 actions.
- Trial court dismissed portions of the petition for failure to plead under the Governmental Tort Claims Act (GTCA) and on res judicata/summary-judgment grounds; the appeal concerns the validity of those rulings.
- Court held inverse condemnation claim viable despite GTCA, affirmed dismissal of other state-law and premature §1983 claims, and remanded for further proceedings on damages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether GTCA bars the inverse condemnation claim. | Inverse condemnation not governed by GTCA. | GTCA bars tort claims arising from governmental acts. | Inverse condemnation allowed; GTCA did not bar it. |
| Whether §1983 claims are premature due to available state-law remedies. | §1983 claims should proceed alongside state-law remedies. | State-law remedy of inverse condemnation precludes premature §1983 claims. | §1983 claims premature and dismissed. |
| Whether summary judgment was proper on the inverse-condemnation claim. | There are material facts for trial on damages. | No genuine issue; proper to grant judgment. | Summary judgment improper on inverse-condemnation; remand for damages proceedings. |
Key Cases Cited
- Williamson County Regional Planning Commission v. Hamilton Bank, 473 U.S. 172 (U.S. Supreme Court 1985) (prematurity of federal §1983 claims in presence of inverse condemnation remedy)
- Akin v. Missouri Pacific Railroad Co., 977 P.2d 1040 (Okla. 1998) (burden on movant when affirmative defense asserted; standard for summary judgment)
- Davis v. Leitner, 782 P.2d 924 (Okla. 1989) (summary judgment standard; view in light most favorable to non-movant)
- Indiana National Bank v. State Department of Human Services, 880 P.2d 371 (Okla. 1994) (de novo review for dismissal under § 2012(B)(6) and related standards)
- Bivins v. State ex rel. Oklahoma Memorial Hospital, 917 P.2d 456 (Okla. 1996) (appellate review of initial law determinations; initial determinations of law)