City of Tulsa v. Elias

BRETT, Presiding Judge.

This is an appeal by the City of Tulsa on a reserved question of law. The defendant was charged by information in the Municipal Court of Tulsa, Oklahoma, with the operation of a commercial business in a restricted residential area within the five-mile perimeter of the corporate limits of the City of Tulsa, Oklahoma. To the charge the defendant filed a motion to dismiss said action for the reason that the Municipal Court was without jurisdiction to entertain the prosecution. The charge was based on a city ordinance purportedly enacted by the City of Tulsa under the…