April v. City of Broken Arrow

DOOLIN, Justice.

The question presented is whether the adoption of two municipal land-use ordinances on their face substantially interfered with landowner’s use and enjoyment of his property so as to constitute a permanent “taking” of property without just compensation in violation of the United States and Oklahoma Constitutions. 1 Put another way, the question is, does a taking result if the limitations on the use of owner’s property do “not substantially advance legitimate state interests, or denies an owner economical, viable use of his land, [citations omitted].” 2

I

Appellee Paul April,…