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CITY OF ELK v. COFFEY

No. 49637.

562 P.2d 160 (1977)

CITY OF ELK CITY, a Municipal Corporation, Appellant, v. Jimmy D. COFFEY and Estelline Coffey, husband and wife, Appellees.

Court of Appeals of Oklahoma, Division No. 2.

Rehearing Denied February 17, 1977.

Certiorari Denied March 29, 1977.

Released for Publication March 31, 1977.

Attorney(s) appearing for the Case

Donald Royse, Royse & Meacham, Elk City, for appellant.

Edwin McComas, Elk City, for appellees.

Released for Publication by Order of Court of Appeals March 31, 1977.

BRIGHTMIRE, Presiding Judge.

The question raised here is whether a municipality has a right to use residential utility easements as alleyways for trash trucks absent a specific use grant for such. The trial court held it may not and we agree.

I

Elk City wanted the trial court, in this action, to issue a mandatory injunction requiring...

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