Opinion

City of Midwest City v. House of Realty, Inc.

  • 198 P.3d 886
  • 2008 OK 28
  • 2008 Okla. LEXIS 32
  • 2008 WL 880537
Court
Supreme Court of Oklahoma
Filed
Apr 1, 2008
Status
Published
Author
Opala
On the bench
Opala, Winchester, Edmondson, Hargrave, Watt, Taylor, Colbert, Reif, Kauger
Cited by
8 cases

The opinion

OPALA, J.,

with whom KAUGER, J., joins, dissenting

T1 I am no longer able to accede to the view a municipality's declaration that an area of the city is affected by blight is a legislative act which need not be preceded by personal notice to land owners within the territory included in the area and by an opportunity to contest the new status sought to be imposed upon the property. Because the described municipal declaration immediately and directly subjects the property located within the declared blight-affected territory to a forced sale, it must be preceded by a meaningful opportunity to the owners to defend against and contest the action that will expose their land to immediate law-compelled alienation.

T2 One's claim to the protection of due process will not be defeated by a clever use of word games.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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