Red Rock Petroleum Co. v. City of Choctaw

REIF, Judge.

Red Rock Petroleum Company, as abutting property owner, made application to vacate a portion of a dedicated street easement within the municipal limits of the City of Choctaw. The trial court entered an order granting the application. From this order, City appeals.

First, City asserts that 11 O.S.1981 §§ 42-101 through 42-115, under which the proceedings were brought and relief granted, are unconstitutional. City contends this legislation is an impermissible delegation of legislative power and function to the judiciary. Second, it alleges there is insufficient evidence to support…