# Calhoun v. City of Durant

> Court of Civil Appeals of Oklahoma · May 20, 1997 · 69 O.B.A.J. 3914

URL: https://www.frixlaw.com/law-library/cases/9590632

## Case

- **Full name:** Charles W. CALHOUN and Donna Kay Calhoun, Husband and Wife, Plaintiffs/Appellees, v. the CITY OF DURANT, an Oklahoma Municipality, Defendant/Appellant, and the First National Bank in Durant, Defendant
- **Court:** Court of Civil Appeals of Oklahoma
- **Decided:** May 20, 1997
- **Citations:** 69 O.B.A.J. 3914; 970 P.2d 608; 1998 OK CIV APP 152; 1997 Okla. Civ. App. LEXIS 116; 1997 WL 1048893
- **Precedential status:** Published
- **Opinion:** Concurrence by Hansen
- **Judges:** Buettner, Hansen, Joplin
- **Cited by:** 15 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9590632

## How later opinions describe it (automated extraction)

- concluding "[pJroposed, but unfulfilled plans to conderan land do not constitute a taking because such plans do not amount to an exercise of dominion and control over the property by the condemning authority and do not prohibit the landowner from exercising dominion and contro…
- noting that issue of damages in a condemnation action is a jury question, while determination of the character of the use served is a matter for the court

## Opinion text

HANSEN, P.J.,
concurs in result.
¶ 1 I concur with the result under the specific circumstances of this ease. However in my view, there may be circumstances where a taking does occur absent physical *615 invasion or enactment of regulations that substantially impair the property’s usefulness.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9590632. Public record. Not legal advice.