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SMICKLAS v. SPITZ

Nos. 71897, 72319 and 72585.

846 P.2d 362 (1992)

John E. SMICKLAS, Robert W. Moore and Lynn D. Moore, Husband and Wife, and Bill K. Reed and Dorothy A. Reed, Husband and Wife, Appellants, v. Frederick J. SPITZ, Appellee.

Supreme Court of Oklahoma.

Rehearing Denied March 2, 1993.

Attorney(s) appearing for the Case

Stanley M. Ward, Gary W. Gardenhire, Gary W. Williams, Norman, for appellants.

Ben L. Burdick, Kelley C. Callahan, Arthur F. Hoge, III, Oklahoma City, for appellee.

KAUGER, Justice:

Three issues are presented: 1) whether a private citizen may seek abatement of a public nuisance based solely upon the violation of a municipal ordinance;1 2) whether a jury instruction indicating that a landowner along a waterway may construct dikes, embankments or other structures to maintain, protect, and restore the property to its original condition adequately reflects Oklahoma...

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