Appeals court sides with homeowners in parking lot litigation
“A couple whose home was condemned by the city of Muskogee and taken for the construction of a parking lot has won a favorable ruling from a state appellate court.
Catherine and Orlin Phillips had shared the home for more than 20 years before they were forced to move after a Muskogee County judge ruled in January 2013 in favor of the city. In addition, Catherine Phillips had called the house a home for more than 20 years before she got married.
City councilors approved a resolution a year before the couple was ordered to leave the home, declaring the taking a necessity for the “expansion, implementation and maintenance of the VA parking project.” The parking lot was needed to preserve and protect “the health and safety” of Muskogee residents “by reducing the volume of on-street parking,” which impeded access to emergency vehicles, the resolution said.
David Anderson, who represents the Phillips family, argued in court documents and at trial that the city’s exercise of eminent domain violated protections guaranteed by the Oklahoma Constitution. He said the state constitution provides even greater protection than the U.S. Constitution when it comes to the sanctity of a home.”
Smoot, D.E. Phoenix 30 November 2014.