Legal Opinion

Homeowners for Fair Zoning v. City of Tulsa

Court of Civil Appeals of Oklahoma

Decided October 18, 2005No. 101,404Published

1Opinion of the Court

Opinion by

RONALD J. STUBBLEFIELD, Acting Presiding Judge.

¶ 1 This is an appeal by Plaintiffs from the Trial Court’s grant of summary judgment in favor of Defendants in a case involving a municipal zoning change. The dispositive issue is whether an ordinance requiring approval of protested zoning changes by three-fourths of the City Council is superseded by Tulsa’s amended Charter, which recognizes zoning authority and provides for adoption of new ordinances by simple majority. We conclude that the Charter supersedes the ordinance and affirm the Trial Court’s grant of summary judgment.

FACTS…

2Cases cited10 opinions

  1. Johnson v. City of WoodwardSupreme Court of Oklahoma · 2001
  2. Development Industries, Inc. v. City of NormanSupreme Court of Oklahoma · 1966
  3. Bauman v. State Ex Rel. UnderwoodOhio Supreme Court · 1930
  4. Strong v. State Ex Rel. Oklahoma Police Pension & Retirement BoardSupreme Court of Oklahoma · 2005
  5. Tubbs v. State, ex rel. Teachers' Retirement SystemSupreme Court of Oklahoma · 2002

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