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MORLAND DEVELOPMENT CO. v. CITY OF TULSA

No. 49621.

596 P.2d 1255 (1979)

MORLAND DEVELOPMENT CO., INC., and Newcomb Cleveland, Appellants, v. CITY OF TULSA, Oklahoma, a municipal corporation, Appellee.

Supreme Court of Oklahoma.

Concurring Opinion June 27, 1979.

Attorney(s) appearing for the Case

Dwayne C. Pollard, William C. Kellough, Blackstock, Joyce, Pollard, Blackstock & Montgomery, Tulsa, for appellants.

Waldo F. Bales, City Atty., Russell R. Linker II, Asst. City Atty., Tulsa, for appellee.

Robert J. Nichols, Tulsa, Counsel, brief amicus curiae, Oklahoma Economic And Legal Research Foundation, Inc.

IRWIN, Vice Chief Justice.

Morland Development Co., Inc., and Newcomb Cleveland (appellants) own a tract of land within the corporate limits of the City of Tulsa (appellee or City). Appellants' land is situated in the flood plain of Mingo Creek, an area subject to periodic flooding. Prior to February 2, 1973, appellants' land was zoned CS, light commercial, a zoning which permitted appellants to conduct land-fill operations...

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