Claremore Daily Progress

Top Stories

April 18, 2014

Local attorneys fight to eliminate judgment

Petition filed to vacate $27.9M Material Services judgment

CLAREMORE —

Claremore attorneys — Thomas H. Williams and Jack E. Gordon Jr. —   filed a petition Tuesday to vacate the $27.9 million judgment awarded to Material Service Corp. 
 Their strategy is to have the “windfall judgment” voided by the court after the county lost the inverse condemnation case to the mining company in 2012. 
“We have a company that was prohibited from miming for 3 1⁄2 years and essentially they received $10 million a year for not mining and that is outrageous,” Gordon said.
Material Service Corp. filed the action against the county in 2000, claiming the county had improperly annexed 320 acres that prevented the company from mining the land. The lawsuit continued for more than 10 years. 
Now, the attorneys claim the judgment awarded for a 3-1⁄2 year delay of the mining of the Begley Lease near Oologah was won by  “actual fraud of concealment from the court  instead of the actual term” of the lease, according to the documents.
The estimate of the damages awarded to the mining company was based on a 50-year lease, according to the court documents.
Gordon and Williams contend the actual term of the lease was five years with an option to renew.
They assert court records show the term of the lease was omitted when it was filed with the county clerk.
“If the judgment is set aside, then they must pay back the money,” Gordon said. “I hope to recover a nice chunk of change for the county.”
The attorneys also contest the expert testimony of Jim Hinkle and his estimate of damages based on “generally accepted account principles.”
Records show the estimated value of the lease was $7.87 million.
Hinkle’s testimony was based on the claim of a non-existent terminal value of the lease. Gordon and Williams asserts the testimony was confusing, false and fraudulent, according to the documents filed in the case.

Text Only
Top Stories
  • Former Sheriff’s deputy arrested

    The Rogers County Sheriff’s Office arrested ex-deputy Brian Kindle Wednesday after receiving multiple reports concerning his safety.

    July 25, 2014

  • Chelsea man receives 54-year sentence for child abuse

    A Chelsea man was sentenced to 54 years in prison Wednesday after he pleaded guilty to the charges of child abuse by injury and child sexual abuse.

    July 25, 2014

  • Rogers County Clerk sues The Daily Progress

    Rogers County Clerk Robin Anderson has filed a lawsuit against The Daily Progress and the newspaper’s government reporter Salesha Wilken.

    July 24, 2014

  • Band.jpg Local band loses everything on tour

    A Claremore band, The Last Slice, had $30,000 worth of equipment, instruments, merchandise and clothes stolen while on the East Coast Ska Revival tour in Miami, Fla.

    July 24, 2014 1 Photo

  • RSU among Top 15 Southwest schools for game development

    Animation Career Review ranked Rogers State University as the 12th best school in the Southwest for Game Design and Development. 

    July 24, 2014

  • SEARCH DAY 3

    A search connected to a Rogers County cold case continued Wednesday at a Tiawah Hills property. Law enforcement agencies worked through the heat and elements in an attempt to locate associated evidence that could be used to explain the disappearance of a local woman 18 years ago.

    July 24, 2014

  • 34 OSBI agents graduate from investigative academy

    OSBI has graduated its 14th advanced investigative academy.

    July 23, 2014

  • Study: 1 in 4 Oklahoma kids live in poverty

     Nearly 1 in 4 Oklahoma children live in poverty and the number of children living in high-poverty areas has more than doubled since 2000, according to a national study released Tuesday.

    July 23, 2014

  • GRDA Newkirk storm assistance.jpg Power for Progress…

    When high winds rolled across Kay County on July 14, they had little mercy on the power lines in the area.

    July 23, 2014 1 Photo

  • Okla. AG says health care ruling bolsters case

    Oklahoma’s attorney general says a decision by a federal appeals court in Washington, D.C., against a provision of the federal health care law bolsters the state’s lawsuit that challenges a similar provision of the Affordable Care Act.

    July 23, 2014