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WILLOW WIND v. MIDWEST CITY

Nos. 68805, 68834.

790 P.2d 1067 (1989)

WILLOW WIND, INC.; and Willow Wind Inc., and Beaver Investment Co., Joint Venturers, Appellants, Tinker Investment & Mortgage Corp., Cross-Appellant. v. CITY OF MIDWEST CITY, Appellee and Cross-Appellant, Jimmy C. Isaac; M.S.P. Corp., Isaac Construction Co., Inc.; Tinker Investment & Mortgage Corp; and Beaver Investment Co.; Appellees.

Supreme Court of Oklahoma.

December 26, 1989.

Attorney(s) appearing for the Case

Byrne A. Bowman, Oklahoma City, for appellants, Willow Wind and Beaver Inv. Co.

Robert Sheets, McFall McVay Sheet Lovelace & Juras, Oklahoma City, for appellant, Tinker Inv. and Mortg. Corp.

David A. Davis, Oklahoma City, John Vincent, Midwest City, for City of Midwest City.

ALMA WILSON, Justice:

In 1982, the City of Midwest City enacted ordinances providing for a method by which private developers could construct water and sewer lines, dedicate them to the city, and receive back a portion of the cost of the construction. The city would charge a one-time fee to subsequent developers to tie on to the line. After the fee was collected, the developer who originally laid the line would receive ninety...

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