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NUCHOLLS v. BOARD OF ADJUSTMENT OF CITY OF TULSA

No. 47854.

560 P.2d 556 (1977)

Don NUCHOLLS and Lee Rhodes, d/b/a Zodiac Real Estate Company, Appellees, v. BOARD OF ADJUSTMENT OF the CITY OF TULSA, Oklahoma, and City of Tulsa, Oklahoma, a Municipal Corporation, Appellants.

Supreme Court of Oklahoma.

As Corrected March 7, 1977.

Rehearing Denied March 9, 1977.

Attorney(s) appearing for the Case

Louis Levy, Tom W. Tannehill, Tulsa, for appellees.

Waldo F. Bales, City Atty. by David L. Pauling, Russell R. Linker, II, Asst. City Attys., Tulsa, for appellants.

Epperson, Goodpaster & Johnsen by Roy D. Johnsen, Tulsa, for amicus curiae Municipal League of Oklahoma and Oklahoma Section of The American Institute of Planners.

Jacqueline S. Wright, Norman, for amicus curiae Oklahoma Association of Municipal Attys.

HODGES, Vice Chief Justice.

The question presented is the validity of a portion of the Tulsa, Okla.Rev.Ord., Title 42, Ch. 14, § 1470.1 (1969)1 which prohibits the granting of a principal use variance.

Don Nucholls and Lee Rhodes, d/b/a Zodiac Real Estate Company, appellees, sought a variance authorizing the operation of a real estate office in a zoning district established exclusively...

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