The Oklahoma Supreme Court has ruled that the city of Okay owes Melisa Robinson $200,000 in damages, but city officials are refusing to pay. The damages stem from an incident where the city’s Public Works Authority, without permission or notice, dug a sewer line on Robinson’s property, causing significant damage.
The Institute for Justice (IJ) is now assisting Robinson in taking her case back to court to enforce the judgment. The high court initially awarded Robinson $73,000 in damages, which has now grown to $200,000 with interest. However, the city claims the Public Works Authority is a separate trust and thus not responsible for the payment, despite owning all the division’s assets.
Brian Morris, an attorney with IJ, criticized the city’s refusal to comply with the court’s ruling. “No one would sell their house if, at closing, the buyer showed up with an IOU instead of with money, but that’s exactly what Okay is trying to get away with here,” Morris said. “But constitutional rights aren’t a shell game. Government officials nationwide have to obey the Fifth Amendment, full stop.”
The Fifth Amendment mandates that the government cannot take private property without just compensation. In this case, the city of Okay began digging a new sewer line on Robinson’s property without any easement or legal right, causing substantial damage to her mobile home community.
Robinson initially demanded restitution and was successful in her claim at the state Supreme Court. Despite this victory, the city has yet to make any payments, leading Robinson to file a federal lawsuit to enforce the court’s decision. “Okay needs to pay what the Oklahoma Supreme Court says it owes me,” Robinson stated. “If the city can do this to me, there’s nothing stopping any government from doing the same thing to others.”
The Institute for Justice highlighted that recent U.S. Supreme Court decisions have increasingly favored property owners in disputes over the Fifth Amendment’s takings clause. The IJ is involved in several similar cases nationwide, defending property owners’ rights against government overreach.
The case has brought attention to the broader issue of government accountability and the protection of property rights. Robinson and the IJ are determined to ensure that the city of Okay fulfills its legal obligations and compensates Robinson for the damage caused.
