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CROWELL v. SHELTON

No. 85680.

948 P.2d 313 (1997)

1997 OK 135

Patrick CROWELL, Appellant, v. Walter L. SHELTON; Trustee of the April 24, 1970 Revocable Inter Vivos Trust of Mildred B. Newlin, as amended June 28, 1989; and the Unknown Heirs, Executors, Administrators, Trustees, Devisees, Successors, and Assigns, Immediate and Remote of Mildred B. Newlin, deceased; and Boston Avenue Methodist Church, Tulsa, Oklahoma, Appellees.

Supreme Court of Oklahoma.

November 4, 1997.

Attorney(s) appearing for the Case

Donald W. Henson, Okmulgee, for Appellant.

T. Lane Wilson, J. Patrick Cremin, and Steven A. Broussard, Hall, Estill, Hardwick, Gable, Golden & Nelson, Tulsa, for appellee trustee.

John M. Imel, Moyers, Martin, Santee, Imel & Tetrick; and John B. Johnson, Jr., Johnson, Allen, Jones & Domblaser, Tulsa, for appellee Boston Avenue United Methodist Church.

HODGES, Justice.

¶ 1 The issue in this case is whether restrictions on the use of land which prohibit commercial and residential development are valid. The trial court rendered summary judgment in favor of the defendants. We find that the validity of such restrictions is dependant on facts not before this Court. Therefore, the trial court improperly found as a matter of law such restrictions valid.

I. Facts...

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