State ex rel. Dept. of Highways v. Cook

• Decision Date: 04 November 1975
• Docket Number: No. 48126,48126
• Citation: 1975 OK 153,542 P.2d 1405
• Parties: STATE of Oklahoma ex rel. DEPARTMENT OF HIGHWAYS, Petitioner, v. David COOK, Judge of the District Court In and For Oklahoma County, State of Oklahoma, Respondent.
• Court: Oklahoma Supreme Court

Page 1405

542 P.2d 1405

STATE of Oklahoma ex rel. DEPARTMENT OF HIGHWAYS, Petitioner, v. David COOK, Judge of the District Court In and For Oklahoma County, State of Oklahoma, Respondent.

No. 48126.

Supreme Court of Oklahoma.

Nov. 4, 1975.

Rehearing Denied Dec. 16, 1975.

Spencer W. Lynn, Atty., Legal Div., Dept. of Highways, Oklahoma City, for petitioner.

McClelland, Collins, Sheehan, Bailey, Bailey & Belt, Oklahoma City, for plaintiff Highland Hills Corp.

SIMMS, Justice:

Highland Hills Laymans Corporation, (Highland Hills) commenced an action in the trial court in the nature of reverse condemnation against the State of Oklahoma, ex rel. Department of Highways and the City of Oklahoma City.

The Department of Highways filed a special appearance and motion to dismiss for the reason there had been no physical taking of real property owned by Highland Hills and the amended petition filed in the case was nothing more than an action for damages for which the State is immune from suit, no waiver of sovereign immunity having been obtained.

The trial court overruled the motion to dismiss and the State of Oklahoma, ex rel. Department of Highways asked this Court to assume original jurisdiction and prays prohibition issue against Respondent District Judge from further proceeding in the cause.

The amended petition filed by plaintiff in the trial court, Highland Hills, alleged, inter alia, that there had been filed an application for a zoning change from 'A' Single Family to 'E' Local Commercial, for each of the four corners of the intersection of Northwest Highway and Grand Blvd. in Oklahoma City; that a committee of the Planning Commission of the City of Oklahoma City recommended a change in zoning only upon the Northeast corner of the Highway because the State Highway Department was 'vitally interested' in the intersection; that the City of Oklahoma City required the developer to obtain State Highway Department approval of developer's plat; that the original denial of re-zoning stymied future development of the property; and that since the original denial of zoning, the Highway Department has made known to Highland Hills the Department's plans and specifications for highways and interchanges to be built in the area; that in November, 1974, the Highway Department caused to be published in an Oklahoma City newspaper, plans for future development of the interstate highway system, and more particularly, I--440 to run thru Highland Hills' land; that prior to the newspaper publication indicating the use of Highland Hills' land for I--440, Highland Hills had submitted to the Traffic...