BOARD OF ADJUSTMENT, FAYETTEVILLE v. Osage Oil & Transp., Inc.

George Rose Smith, Justice.

This zoning case presents a question of constitutional law. The appellee, as the owner of a gasoline service station in Fayetteville, applied to the appellant Board of Adjustment for a variance that would permit the appellee to erect at its service station an advertising sign exceding in size the limit of 75 square feet fixed by the zoning ordinance. The Board unanimously denied the request. On appeal the circuit court reversed the Board’s decision, holding that the 75<-foot limitation is invalid on its face, in view of other provisions in the ordinance. Whether…