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LINDAUER v. OKLAHOMA CITY URBAN RENEWAL AUTH.

No. 44957.

496 P.2d 1174 (1972)

Herbert Loyd LINDAUER, a single man, and Grace Cleaners, Inc., a Corporation, Plaintiffs in Error, v. The OKLAHOMA CITY URBAN RENEWAL AUTHORITY, a public body corporate, Defendant in Error.

Supreme Court of Oklahoma.

Rehearing Denied May 16, 1972.

Attorney(s) appearing for the Case

Johnson & Fisher, by Ted R. Fisher, Tulsa, for plaintiffs in error.

James D. Batchelor, Jerry L. Salyer, Barry W. Johnson, John W. Swinford, Jr., Harry H. Selph II, Oklahoma City, for defendant in error.

McINERNEY, Justice:

The Oklahoma City Urban Renewal Authority, plaintiff, commenced a condemnation proceeding to acquire fee simple title to property owned by defendant Lindauer and occupied by defendant Grace Cleaners, Inc., his tenant. Claiming that the Authority was created under an unconstitutional legislative enactment, defendants challenged the Authority's right to condemn their property. The trial court ruled against...

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