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REED v. CITY OF BARTLESVILLE

No. 44144.

510 P.2d 1013 (1973)

Katherine REED et al., Appellants, v. The CITY OF BARTLESVILLE et al., Appellees.

Court of Appeals of Oklahoma, Division No. 1.

Rehearing Denied March 6, 1973.

Attorney(s) appearing for the Case

Shoemake & Briggs, Pawhuska, for appellants.

Brewer, Worten & Robinett, Bartlesville, for appellees.

BAILEY, Presiding Judge:

The issue in this case is whether the plaintiffs' petition as amended pleads an actual controversy under the Oklahoma Declaratory Judgment Act, 12 O.S. 1971, §§ 1651-1657. The trial court sustained a demurrer and dismissed the action on the ground that it did not.

The petition alleges in substance that plaintiffs own or hold title to land located in an area the use of which is regulated...

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