By Donna Hales
Phoenix Staff Writer
October 06, 2007 11:01 pm
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Attorney Albert Matthews is representing two couples in suits filed in Muskogee County District Court against the city over condemned property.
The city is accused in a civil suit of demolishing commercial rental property in May 2006 without just compensation.
Plaintiffs in that case are Deary and Esther Vaughn, doing business as Broadway Apartments, a limited partnership.
The property in question was an apartment building the city condemned and tore down. It was across the Arkansas River, on the left off U.S. 62, said Frank Medearis, city attorney. The property is inside the city limits.
The second suit filed was for James R. Lacey and Rachel Lacey. It involves 10 properties throughout the city: 2001 Robison St., 2209 Tull St., 906 E. Hancock St., 1201 Indianapolis St., 520 Lexington St., 839 N. C St., 216 N. 10th St., 814 S. Sixth St., and 429 S. 11th St.
The Lacey suit states that at various times within the past 15 years the city has acted overtly to exercise complete control over the properties. The suit alleges that constituted the “unlawful taking or damaging” of the properties for public purpose without just compensation.
Matthews said the city will receive 10 days notice in the suits. Then, a judge will order three citizens with no interest in any such matter to be appointed by the Muskogee County sheriff to appraise the properties.
The appraisal process “begins a big, long, legal procedure,” Matthews said.
The legal procedure is called an inverse condemnation, Medearis said.
Notice of condemnation is always given to property owners before demolition, Medearis said.
The matters ultimately could become the subject of a jury trial, he said.
Reach Donna Hales at 918-684-2923 or Click Here to Send Email
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