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OKLAHOMA COUNTY • CJ-2025-8878

Garrett and Company, LLC v. Oklahoma Association of Realtors

Filed: Jan 1, 2023
Type: CJ

What's This Case About?

Let’s cut straight to the chaos: a pair of real estate bigwigs in Oklahoma didn’t just borrow a neighbor’s yard — they remodeled it. Without permission. With concrete. And rocks. And a full-on ditch system that turned someone else’s property into a waterpark runoff zone. This isn’t a backyard fence dispute — this is corporate trespassing with infrastructure. Welcome to the wild west of land ownership, where “good fences make good neighbors” has been replaced with “let’s just pour some concrete on the adjacent lot and see what happens.”

So who are these players in this high-stakes game of property Jenga? On one side, we’ve got Garrett and Company, LLC — a local Oklahoma business that owns a plot of land at 9901 N. Broadway Extension in Oklahoma City. It’s not a mansion or a theme park; it’s commercial real estate, the kind of place you might drive past without noticing unless you’re looking for a warehouse or a new office space. But hey, it’s theirs. And they care. On the other side? Two heavy hitters: the Oklahoma Association of Realtors (yes, the OAR — as in, the people who write the rules, hand out the licenses, and probably run those “Homeownership Starts Here” billboards) and Quad.Build, Inc., their hired construction muscle. These aren’t fly-by-night developers. We’re talking about an organization that represents the entire state’s real estate industry teaming up with a legit contractor to build a new headquarters or office complex. You’d think they’d know better. You’d think they’d have lawyers on speed dial. And yet… here we are.

Now, let’s walk through the timeline like we’re narrating a disaster movie trailer. In 2023, the Oklahoma Association of Realtors starts construction on their new digs next door to Garrett’s property. All normal. All above board. Until it wasn’t. At some point, Garrett graciously allowed the builders to temporarily store equipment on their land. A neighborly gesture. Like letting your cousin park his RV in your driveway during a family reunion. But then, somewhere between “thanks for the storage space” and “wait, why is there a concrete drainage system on my property?”, things went off the rails. According to the lawsuit, Quad.Build — acting as OAR’s contractor — didn’t just wander over the property line. They built on it. Permanently. They constructed a concrete outlet and a rock-lined pit — sounds fancy, like a zen garden feature, but in reality, it’s a stormwater runoff system — directly on Garrett’s land. And not just a little corner. This thing created a ditch — a full-blown erosion channel — that now cuts across Garrett’s property like a miniature Grand Canyon carved by incompetence.

But wait, there’s more! They didn’t stop at importing water features. Oh no. Quad.Build allegedly hauled dirt — a lot of dirt — from their own construction site and dumped it on the southeast corner of Garrett’s property. Now, if you don’t spend your weekends grading your lawn, here’s why that matters: changing the grade of land — the slope — changes how water flows. And when water flows wrong, you get flooding, erosion, sinkholes, lawsuits. It’s not just messy — it’s potentially destructive. By piling up dirt and redirecting runoff, they may have turned Garrett’s land into a drainage basin for the entire OAR construction project. Imagine buying a car and having the dealership park a fire truck on your roof “temporarily” — and then leaving it there, with the sprinklers on. That’s the energy here.

Now, you might think, “Surely someone noticed this?” Well, apparently not until months later. Or maybe they noticed and just hoped it would go away. Either way, instead of calling the cops or sending a strongly worded email, the parties did something very adult and very legal: they signed a tolling agreement. Fancy term, simple idea — both sides agreed to pause the legal clock so they could negotiate without the threat of a lawsuit hanging over them. It’s like saying, “Let’s figure this out like reasonable people before we lawyer up.” They even extended it twice. But by December 1, 2025, the grace period expired. No resolution. No apology. No removal of the concrete monstrosity. So Garrett said, “Fine. Let’s do this the hard way,” and filed suit in Oklahoma County District Court.

So what exactly are they suing for? In legalese, it’s “trespass and injury to property.” In plain English? “You came onto our land without permission and wrecked it.” Trespass isn’t just walking across someone’s yard — it includes building on it, altering it, or using it in any way without consent. And “injury to property” covers the damage caused by that trespass — in this case, erosion, altered drainage, and likely long-term structural or environmental harm. Garrett isn’t asking for a slap on the wrist. They’re seeking over $100,000 in damages. Is that a lot for a land dispute? Depends. If we’re talking about a broken fence or a few muddy tire tracks, yes — that’s highway robbery. But we’re not. We’re talking about permanent alterations to the land, removal of earth, construction of drainage systems, and potential long-term water damage. Restoration could mean excavating, regrading, replanting, erosion control — all of which are expensive. $100,000 might not even cover it. And that’s before you factor in the insult: the Oklahoma Association of Realtors — the very people who are supposed to uphold property rights — allegedly violated them with bulldozers.

Here’s the kicker: Garrett isn’t asking for a jury trial. No dramatic courtroom showdown with expert witnesses and aerial drone footage (though honestly, that would be amazing). They’re letting a judge decide. They’re not seeking punitive damages — which means they’re not trying to punish OAR and Quad.Build, just to be made whole. No injunctions, no demands to stop construction — probably because the damage is already done. This is purely about compensation. About making the mess go away — or at least paying someone else to make it go away.

Now, for our take: what’s the most absurd part of this whole saga? Is it that a real estate trade group — the guardians of property law — allegedly trespassed on a neighbor’s land? Is it that they built a drainage system on someone else’s property like it was Legos? Is it that it took years and two tolling agreements before anyone said “maybe we should fix this”? All valid contenders. But the real jaw-dropper is the sheer audacity of the fix they chose. Instead of saying, “Oops, we messed up — let’s tear it out and restore the land,” they apparently just… left it. Like a bad tattoo no one wants to admit they got while drunk in Vegas. And now, instead of quietly fixing it, they’re facing a six-figure lawsuit that’s going to make headlines and probably embarrass an entire industry.

Look, we all make mistakes. Maybe the survey was wrong. Maybe someone misread the property lines. But when you’re the Oklahoma Association of Realtors, you don’t get to play the “oops” card. You’re supposed to be the experts. You’re supposed to know where the lines are — literally and ethically. So while we’re not rooting for anyone to go bankrupt, we are rooting for accountability. For a full restoration. For a public acknowledgment that no one — not even the people who sell houses for a living — gets to treat someone else’s land like a construction pit. And maybe, just maybe, for a new company policy: “Don’t build drainage ditches on your neighbor’s property. Just don’t.”

Case Overview

$100,000 Demand Petition
Jurisdiction
District Court of Oklahoma County, Oklahoma
Relief Sought
$100,000 Monetary
Plaintiffs
Claims
# Cause of Action Description
1 trespass and injury to property Defendants allegedly damaged Plaintiff's property

Docket Events

26 entries
  • 12/02/2025
    OCISR
    OKLAHOMA COURT INFORMATION SYSTEM REVOLVING FUND
    25.00
  • 12/02/2025
    CCADMIN0155
    COURT CLERK ADMINISTRATIVE FEE ON $1.55 COLLECTION
    0.16
  • 12/02/2025
    PFE1
    PETITION
    163.00
  • 12/02/2025
    TEXT
    CIVIL RELIEF MORE THAN $10,000 INITIAL FILING.
  • 12/02/2025
    TEXT
    OCIS HAS AUTOMATICALLY ASSIGNED JUDGE ANDREWS, DON TO THIS CASE.
  • 12/02/2025
    DCADMINCSF
    DISTRICT COURT ADMINISTRATIVE FEE ON COURTHOUSE SECURITY PER BOARD OF COUNTY COMMISSIONER
    1.50
  • 12/02/2025
    OCASA
    OKLAHOMA COURT APPOINTED SPECIAL ADVOCATES
    10.00
  • 12/02/2025
    SMF
    2X SUMMONS FEE
    20.00
  • 12/02/2025
    ACCOUNT
  • 12/02/2025
  • 12/02/2025
    CCADMINCSF
    COURT CLERK ADMINISTRATIVE FEE ON COURTHOUSE SECURITY PER BOARD OF COUNTY COMMISSIONER
    1.00
  • 12/02/2025
    PFE7
    LAW LIBRARY FEE
    6.00
  • 12/02/2025
    DAMAGE
    DAMAGE
  • 12/02/2025
    DCADMIN155
    DISTRICT COURT ADMINISTRATIVE FEE ON $1.55 COLLECTIONS
    0.23
  • 12/02/2025
    SSFCHSCPC
    SHERIFF'S SERVICE FEE FOR COURTHOUSE SECURITY PER BOARD OF COUNTY COMMISSIONER
    10.00
  • 12/02/2025
    DMFE
    DISPUTE MEDIATION FEE
    7.00
  • 12/02/2025
    LTF
    LENGTHY TRIAL FUND
    10.00
  • 12/02/2025
    OCJC
    OKLAHOMA COUNCIL ON JUDICIAL COMPLAINTS REVOLVING FUND
    1.55
  • 12/02/2025
    DCADMIN10
    DISTRICT COURT ADMIN FEE FOR $10 COLLECTION
    1.50
  • 12/02/2025
    EAA
    ENTRY OF APPEARANCE OF LANE R NEAL FOR PLAINTIFF
    📄 View Document
  • 12/02/2025
    CCADMIN10
    COURT CLERK ADMIN FEE FOR $10 COLLECTION
    1.00
  • 12/02/2025
    CCRMPF
    COURT CLERK'S RECORDS MANAGEMENT AND PRESERVATION FEE
    10.00
  • 12/02/2025
    SJFIS
    STATE JUDICIAL REVOLVING FUND - INTERPRETER AND TRANSLATOR SERVICES
    0.45
  • 12/16/2025
    SMS
    SUMMONS RETURN, SERVED
    📄 View Document
  • 01/21/2026
    EAA
    ENTRY OF APPEARANCE BY LYTLE SOUL'E & FELTY , P.C ON BEHALF OF DEFENDANT
    📄 View Document
  • 01/21/2026
    A
    DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION
    📄 View Document

Petition Text

472 words
IN THE DISTRICT COURT OF OKLAHOMA COUNTY STATE OF OKLAHOMA Garrett and Company, LLC, Plaintiff, v. Oklahoma Association of Realtors and Quad.Build, Inc., Defendants. PETITION Plaintiff Garrett and Company, LLC ("Garrett") for its claims against Defendants Oklahoma Association of Realtors ("OAR") and Quad.Build, Inc. ("Quad"), states as follows: 1. Garrett is a limited liability company formed under the laws of the State of Oklahoma. OAR and Quad are corporations formed under the laws of the State of Oklahoma. 2. Garrett is the owner of certain real property located at 9901 N. Broadway Extension, Oklahoma City, Oklahoma (the "Garrett property"). OAR is the owner of certain real property located at 9807 N. Broadway Extension, Oklahoma City, Oklahoma (the "OAR property"). The OAR property's northern boundary adjoins a portion of the southern boundary of the Garrett property. 3. In 2023, OAR began construction of a building and parking lot on the OAR property. OAR hired Quad as its general contractor for the project. At one point, Garrett gave OAR and Quad permission to temporarily store equipment on the Garrett property. Garrett never gave OAR nor Quad permission to otherwise enter onto or alter the Garrett property. 4. Beginning in late 2023 and continuing to the present, Quad (acting as OAR's agent) began unlawfully trespassing upon the Garrett property. Quad unlawfully built a concrete outlet and rock lined pit on the Garrett property, which allowed water from the OAR property to flow onto and over the Garrett property. This ultimately created a large ditch that traversed the Garrett property and resulted in severe erosion. Quad (acting as OAR's agent) also removed large quantities of earth from the OAR property and unlawfully placed the dirt on the southeast corner of the Garrett property. This changed the grade and flow of water on the Garrett property. 5. The parties entered into a tolling agreement ("the Agreement") on or about July 29, 2025. The Agreement was amended on two occasions by the parties extending the time Garrett has to file suit regarding its claims. The latest amendment to the Agreement expired on December 1, 2025. Thus, this lawsuit is timely filed. 6. Venue and jurisdiction are proper. Cause of Action 7. The actions of Quad and OAR constitute trespass and injury to property. Such actions have caused substantial damage to Garrett. The full amount of such damages cannot be determined until all unlawful structures are removed and the Garrett property is restored to its former condition, but Garrett believes the damages will exceed $100,000.00. Garrett therefore respectfully requests that it be granted judgment for all damages caused by the unlawful actions of QUAD and OAR, together with judgment for its attorney's fees, costs and interest as provided by law, and for such other relief as may be proper. DURBIN, LARIMORE & BIALICK By: ________________________________ Lane R. Neal, OBA #22246 920 North Harvey Oklahoma City, OK 73102-2610 Telephone: (405) 235-9584 Facsimile: (405) 235-0551 [email protected] Attorney for Plaintiff
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