Seventeen Hundred Peoria, Inc. v. City of Tulsa

DAVISON, Justice.

The parties occupy the same relative positions in this court as they did in the lower court and will be referred to herein by name or as plaintiff and defendants.

Plaintiff appeals from a judgment of the lower court wherein, upon trial to the court, it was found and adjudged that the lower level of an apartment house in process of construction was not a basement and therefore should be considered as a story in determining the height of the apartment in terms of stories. The court further found and adjudged that the apartment house was three stories in height and that under the…