Brothers lose round in eminent domain battle: KTEN-TV10, Denison TX, 4/5/07

A Payne County judge rules against two brothers who hold the last piece of property Oklahoma State University needs for its planned athletic village.

District Judge Donald Worthington ruled that Kevin and Joel McCloskey can't challenge the validity of O-S-U's board of regents, which initiated proceedings to acquire the home.

The McCloskeys had claimed the board was unconstitutional because it hadn't abided by a long-forgotten requirement that a majority of its members be farmers.

The judge ruled the brothers may not make this claim in their court case.

The brothers plan to continue to challenge the university's right to seize the property through eminent domain, the legal concept under which private property can be taken for public use.

The next court hearing in the case is planned for July 23rd.

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KTEN-TV10, Denison TX: http://www.kten.com