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McCRACKEN v. CITY OF LAWTON

No. 53908.

648 P.2d 18 (1982)

Chester McCRACKEN, Mike Underwood, Betty Durbin, Tony Wright, Tom Payton, Dennis Hixson, Bob Allen, Dirl Burrus, Mervin Lehmann and Curtis Hamilton, individually and for all Persons Similarly Situated, Appellees, v. CITY OF LAWTON, Oklahoma, a Municipal Corporation, Appellant.

Supreme Court of Oklahoma.

Addendum Order June 14, 1982.

Rehearing Denied July 20, 1982.

Attorney(s) appearing for the Case

Joe B. Reeves, Lawton, for appellees.

Russell D. Bennett, City Atty., Gregory L. Neil, Asst. City Atty., Lawton, for appellant.

OPALA, Justice:

The dispositive question for decision is: Did the trial court err when it awarded attorney's fees against the defendant-city in a suit to declare a zoning ordinance invalid? Our answer is in the affirmative.

By its Ordinance No. 168 the City Council of Lawton [City] amended the City's comprehensive zoning regulations and provided for an entertainment district, called an "overlay zone", with boundaries...

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