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

> Supreme Court of Oklahoma · April 1, 2008 · 198 P.3d 886

URL: https://www.frixlaw.com/law-library/cases/9781740

## Case

- **Full name:** CITY OF MIDWEST CITY and Midwest City Urban Renewal Authority, Appellees, v. HOUSE OF REALTY, INC., Appellant, and Robert J. Barton, Robert J. "Bob" Barton, Trustee, Pamela L. Barton-Stober, Douglas D. Stober, Kathy L. Givens, Sharlette R. Madison, Jeffrey C. Tackett, Harlan Drake, Phillis Casey, Larry Phillips, Iris Jones, Donna Gunter, Diane Frith, Richard Spriggs, Arthur Lewis and William Klukoske, Forrest Freeman, County Treasurer and Board of County Commissioners of Oklahoma County, Defendants
- **Court:** Supreme Court of Oklahoma
- **Decided:** April 1, 2008
- **Citations:** 198 P.3d 886; 2008 OK 28; 2008 Okla. LEXIS 32; 2008 WL 880537
- **Precedential status:** Published
- **Opinion:** Dissent by Opala
- **Judges:** Opala, Winchester, Edmondson, Hargrave, Watt, Taylor, Colbert, Reif, Kauger
- **Cited by:** 8 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/9781740

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9781740. Public record. Not legal advice.