Owens v. Oklahoma Turnpike Authority

1 This is an action in condemnation brought by Oklahoma Turnpike Authority hereinafter referred to as plaintiff, against C.E. Owens, Mrs. C.E. Owens, O.O. Owens and Nabob Oil Company, hereinafter referred to as defendants, concerning approximately 35 acres of rural land situated in Creek County, Oklahoma, taken by plaintiff for construction of the Turner Turnpike. Three different Boards of Commissioners were appointed and filed their reports. The report and award of the first such board, in the amount of $3,170, was vacated by the trial court for the reason that two of the defendants were not parties to the action at the time of the appointment. The second such board was appointed and filed a report assessing the award to be paid to defendants at $5,163,250. Plaintiff filed a motion to vacate such award and for appointment of new commissioners, which was sustained by the trial court and a third such board was appointed. Defendants have appealed from this action of the court in cause No. 35,435. Such appeal must be dismissed, however, since it is an attempt to appeal from an interlocutory order. We said in the syllabus in the case of City of Eufaula v. Ahrens, 58 Okl. 180, 159 P. 327,