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APRIL v. CITY OF BROKEN ARROW

No. 66469.

775 P.2d 1347 (1989)

Paul APRIL, M.D., and Paul A. April, M.D., Inc., an Oklahoma Corporation, Appellee, v. CITY OF BROKEN ARROW, Oklahoma, a Municipal Corporation, Appellant.

Supreme Court of Oklahoma.

As Corrected May 22, May 24 and July 12, 1989.

Rehearing Denied July 19, 1989.

Attorney(s) appearing for the Case

Louis Levy, Inc., by Louis Levy, Tulsa, for appellee.

Knowles & King by Dennis King and Brad Smith, Tulsa, Michael R. Vanderburg As City Atty., Broken Arrow, for appellant.

Russell R. Linker, II, Tulsa, as amicus curiae for The City of Tulsa, On behalf of appellant.

Diane Pedicord, Oklahoma City, as amicus curiae, For The Oklahoma Mun. League, on behalf of appellant.

DOOLIN, Justice.

The question presented is whether the adoption of two municipal land-use ordinances on their face substantially interfered with landowner's use and enjoyment of his property so as to constitute a permanent "taking" of property without just compensation in violation of the United States and Oklahoma Constitutions.1 Put another way, the question is, does a taking result...

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