# Atkinson v. GURICH

> Supreme Court of Oklahoma · February 22, 2011 · 248 P.3d 356

URL: https://www.frixlaw.com/law-library/cases/9759642

## Case

- **Full name:** Joseph W. ATKINSON, Trustee of the Joseph W. Atkinson Trust, Dated May 22, 2002, Petitioner, v. the Honorable Noma D. GURICH, District Judge of Oklahoma County District Court, State of Oklahoma and Leonard Sullivan, Oklahoma County Assessor, Respondents
- **Court:** Supreme Court of Oklahoma
- **Decided:** February 22, 2011
- **Citations:** 248 P.3d 356; 2011 OK 12; 2011 Okla. LEXIS 12; 2011 WL 598729
- **Precedential status:** Published
- **Opinion:** Dissent by Taylor
- **Judges:** Taylor, Colbert, Kauger, Watt, Edmondson, Combs, Winchester, Reif
- **Cited by:** 1 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/9759642

## Opinion text

TAYLOR, C.J.,
with whom WINCHESTER and REIF, JJ., join,
dissenting.
¶ 1 The property owner has requested a trial de novo in District Court. The issue at this trial will be the fair market value of the home. That presents questions of fact for the trial judge. A fair trial will require a full presentation of evidence and witnesses. Both parties are entitled to the full discovery afforded any party in a trial in district court. That includes the right to inspect the exteri- *362 or and interior construction of the property in question in order to fully inform the fact-finder of all relevant and material evidence. There can be no fair trial without the opportunity to present all admissible evidence to the trial judge. The property owner asked for a trial in district court and now that trial should proceed in a regular and routine fashion in accordance with the rules of evidence and discovery.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9759642. Public record. Not legal advice.